The matter of Halstead-Cleak v Eskom Holdings
Limited and some observations for liability insurers.
This article:
- Examines a recent court decision which dealt with strict
liability under the Consumer Protection Act;
- Will be of interest to public liability insurers and brokers;
and
- Will also be of interest to design professionals and
consultants and to their professional indemnity insurers and
brokers, particularly in the design-build/construct contractual
arrangement, and in the context of the Occupational Health and
Safety Act and the Construction Regulations.
The Gauteng High Court, in the recent case of
Halstead–Cleak v Eskom Holdings Limited [2015] JOL
33332 (GP), held that Eskom was "100% liable" to the
Plaintiff who had been riding a bicycle and who, inadvertently,
came into contact with a low hanging live powerline spanning a
footpath, sustaining serious burn injuries in the process.
