I just need some advice regarding an incident and want to know if I have any legal grounds.During the month of May 2012 my family and I went on a weekend break away.During this time (while sleeping) some suspects broke into our starlets and stole from us. During this time I woke up and found one of the suspects in my bedroom. I chase the suspect but needless to say he got away,We summon the supervisor and he and the owner of the resorts son assist as. I also summoned the Police and other. The supervisor informed us that luckily they were insured for this type of incidence and that we will be compensated for our loss.The morning(at sunrise) I went with a Police official and followed the trail (about 10 km) we end up right up at the entrance of the resort, I further found that the gate was never locked and that the guard was not awake and did sow anything. We inquired in surrounding fascinates without any success.After leaving the resort we enquired several time regarding our claim without any success.The last email I received from the owner was upsetting because he indicates that he will not submit a claim because I am a police official and I must resolve the case myself,I did not go there in official business. I only learned after my incident that there were several house breakings and they never inform or warn us to be careful.We were not ensured. Do we have any options to regain any compensation for our losses
Inquired at Police station, task informers, and tried to negosiate with the owner.
Good day. This is an info request to assist you better. Please continue on this thread.What was the value of the items that was stolen?
The total value of stolen property were R89000. I was combined propertie between my family and other friends sharing lodge with us
And yours personally?
What do you mean with "you followed the trial and it lead right back to the entrance?"
I follow the trail (tracks) of the suspects from the sharlette pass the supervisors home up into the moantains over the damwall and the tracks went out the gate (main entrance) of the resort.
1. In order for you to keep the resort liable, you would have to prove negligence on their side. In other words, you will have to prove that they had an obligation to do something or did not do something and they absconded that duty. 2. This is normally done with a reasonable man test. The question is asked whether they could have taken reasonable steps to curb your damage. In this instance, locking the gate would be a reasonable step that they could have taken. Another would be to make regular checks to see if the guard is still awake. You would also have to prove a causal link between that step and the damage. In other words, if the negligence is taken away, is it likely that the theft would still have taken place. You would know better than me, because you know the layout of the place.3. You only need to prove 1% negligence to succeed with a claim (if negligence is the only issue). 4. R 74 000 is a significant amount, however and it may be within your interest to pursue this. There is also the chance that, if you start with the steps, they would get their insurance involved and it could be settled out of court.
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L.LB, Civil and criminal litigation, contracts, labour and family law
sorry just this one question! So in order for me to get started I must go see my layer and open enquiry with him?
Basically yes. People still respond more readily to lawyers letters.
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