Durban - A Hilton restaurateur whose business was suffering because of an arm injury, sustained when she slipped and fell at King Shaka International Airport three years ago, is claiming R660 000 in damages from the Airports Company SA.
The claim came before the Pietermaritzburg High Court this week for an independent contractor, Ilembe Airport Construction Services, to be added as a defendant. It had been contracted to do work at the airport when the incident took place.
On August 15, 2011, Lesley Strachan, owner of La Popote restaurant in Hilton, went to the airport to board a flight to Joburg, according to the claim.
Strachan had parked her vehicle in the undercover parking area and walked along the pedestrian walkway to the airport building.
A portion of the paved floor of the walkway was under construction or repair, or alternatively was in a state of disrepair, and one or more paving stones were unevenly laid.
The section was not cordoned off, nor was there any form of warning provided about the “hazard”.
Strachan tripped on the paving stones and fell, suffering severe damage to her wrist and arm, said the claim. A metal plate had to be put in her arm and she had to go for about 30 sessions of physiotherapy, over six months. For one month after the injury, her left arm was severely disabled. It was now moderately disabled.
As a result, her income was reduced because she was unable to do everything she could before the injury. Strachan said she had to turn down contracts in her catering business and employ additional staff.
In reply, the airport company denied the allegations. It said Strachan had failed to keep a proper look-out when walking and did not take reasonable steps to prevent the incident. The company said it could not be found negligent because it had employed Ilembe Airport Construction Services to construct the walkway. Thus, Ilembe had to ensure the safety of pedestrians using it.
Even if it were found that there was negligence on the airport’s part, there was a disclaimer at the site saying that visitors entered and used the facilities at their own risk.
A date is yet to be arranged for the case to be heard.
The Mercury