Pretoria - A former South African, now living in Vancouver, Canada, is set to receive R350 000 in damages from the owner of Treetops and Treats Guesthouse in Muckleneuk, after she tumbled down a flight a stairs at the establishment.
Ashley Hyams, 43, an administrative clerk, instituted the claim in the high court in Pretoria following her accident on June 24, 2014.
She had returned to South Africa to visit her ailing mother and stayed at the guesthouse. Hyams tumbled down the stairs and suffered a serious fracture to her arm and wrist.
Her claim comprised of, among others, past and future medical, psychiatric, psychological and related treatment. She also claimed for past and future loss of earnings, as well as pain and suffering, her lawyer Jean-Paul Rudd, of Adams & Adams, said.
“Fortunately for the owner, he has comprehensive public liability insurance. The insurance company, without admitting negligence, agreed that it would pay 50% of Hyams’s proven or agreed damages arising from the injuries she sustained as a result of her fall,” Rudd said.
The insurance company is also liable for her legal costs. Hyams blamed the owner of the guesthouse for the accident, claiming that the stairs were not safe.
A civil engineer who inspected the stairs said in a statement before court that the stairs did not comply with the safety specifications, as, among others, there were no handrails.
He also concluded that the stairs were uneven and unsafe for public use. It was estimated that Hyams suffered damages of about R700 000, of which she is entitled to half.
Pretoria News