Pretoria - Lourika Schutte was 11 years old - and just a week away from participating in the national modern dancing championships - when she fell from a swing and broke both legs.
Her dreams of becoming a professional dancer were shattered, as she suffered permanent damage after breaking her femurs.
Apart from still suffering pain, she battles to walk down stairs, to stand for long and she cannot crouch.
Lourika fell off a park swing belonging to the Department of Water Affairs and Forestry which had not been maintained for a long time. The steel frame buckled and broke while she was swinging. She landed on her backside, with the steel frame toppling down on top of both her legs.
Her father Johan Schutte instituted a damages claim against the Water Affairs Ministry in the high court in Pretoria. The department acknowledged liability, but at first disputed several of the claims instituted on behalf of the now 14-year-old girl.
But as Lourika’s legal team was half way through their witnesses, the department on Wednesday decided to settle the claim, paying R2.9 million towards her damages.
Lourika told the Pretoria News she would never forget March 18, 2012, when she and her friends decided to swing in a play area called “Water Affairs Camp” in Levubu, in Limpopo.
Her parents were on their way to Pretoria as her grandmother had died. She did not want to miss school and decided to stay behind with friends. “I was swinging when the swing suddenly broke and fell to the ground. I did not immediately feel the pain when the steel frame fell onto my legs.”
She was taken to hospital where she underwent several operations. Lourika was wheelchair-bound for two months. “I could not believe that this happened a week before I was due to dance in the national modern dancing championships. I really loved dancing. It was my passion, but now my dream is over.”
Her father, Johan, and mother, Riekie, said it had been tough times, as they were worried about their daughter and whether she would ever recover. The parents felt that the Department of Water Affairs had to be held responsible for their child’s injuries, as it was their duty to maintain the playground and to see to it that the equipment the children was using was safe.
According to them, the department should have at least warned the parents or the children that the equipment was old and could collapse at any time.
Their lawyer, Greyling Erasmus, said they were satisfied with the settlement. Some of the money will go towards Lourika’s future medial expenses. “But this is a warning to others that the maintenance and support of an infrastructure, such as a playground, can never be over- emphasised. Rather act early, and ensure that everything is in working order and safe, than face the consequences,” he said.
Pretoria News