R2.8 million claim for ‘toxic’ hotel stay

Published Apr 18, 2018

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Durban - A Phoenix woman is suing a hotel for almost R3million after she claimed she inhaled toxic fumes following an electrical fire during her stay there in 2016.

Saroja Naidoo, 54, of Westham, said the incident left her with respiratory difficulties and permanent disability.

Having allegedly experienced breathing difficulties, irritant-induced asthma, a decrease in lung function and being predisposed to bronchospasm, among numerous other health issues, Naidoo, represented by attorney Rajesh Hiralall, has turned to the Durban High Court for relief.

She is claiming R2.8m for her past and future medical expenses and damages.

The name of the resort is being withheld until it files its responding papers in court. 

It has, in the meantime, filed a notice to defend.

Naidoo, an informal trader, said in her papers that she had been in her hotel room when a short circuit occurred in the electrical wiring system in January 2016.

She claims to have sought emergency treatment after the incident and was in hospital for three days.

She says she was unable to work or perform household chores for about two weeks.

The mother of two claimed that she has since spent more than R12000 on hospital bills, consultations with a specialist physician, a specialist pulmonologist and pathologists.

She claims she will have to undergo longterm asthma treatment, have consultations with various specialists and enlist the permanent help of a domestic worker until she turns 80.

Her estimated future expenses for the next 26 years include R34200 for medical treatment, R873600 for the employment of a domestic worker and R624000 in respect of future loss of income.

Naidoo is also claiming a total of R950000 in respect of general damages including pain, suffering, discomfort and permanent loss of amenities of life and permanent disability.

According to the summons, the hotel had failed to immediately evacuate Naidoo out of the “toxic area” or inform her on what steps to take should such incidents occur.

The hotel is also being taken to task for allegedly failing to have an electrical system that was safe and one that would not release smoke, fumes, vapours or gases of a toxic nature that posed a health hazard if inhaled.

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