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Hi, an ex tenant is suing me for hospital costs in the small

 
SA-TOPLAW's Avatar
  • Answered by:SA-TOPLAW
  • Attorney
  • Positive Feedback: 94.1 %
  • Accepted Answers: 705
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in South Africa Law

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At least now I know that I have a claim even if it is not the full amount as I...
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Customer Question

Hi, an ex tenant is suing me for hospital costs in the small claims court. She fell and broke her arm in my driveway. She claims this was due to my dog pushing her over. There where no witnesses at the time. She also had her dog on the premises which often jumped up against her. Does she have a case against me? The person suing me is also on High blood pressure medication which affects her balance and stability. She was forever walking into doors and bashing into things.

 

Optional Information:
Province: Gauteng

Already Tried:
I am struggling to find information as to the validity of the claim against me.

Submitted: 292 days and 3 hours ago.
Category: South Africa Law
Value: R 247
Status: CLOSED

Accepted Answer

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Expert:  SA-TOPLAW replied 292 days and 2 hours ago.


SA-TOPLAW :

Hi There - she will have to prove you or your dog caused the damages. Your defence about the high blood pressure and previous accidents is a good one. I think you have a good chance of defending the case successfully. Good Luck and let me know if you need further info. Regards XXX XXXXXX remember to rate my answer.

SA-TOPLAW :
Customer :

Thanks for the answer. I was hoping to hear if her case would be considered by the small claims court as being valid at all to be given time in court.

Customer :

It states on the Government legal site that the claimant should have a valid case for the court to consider presentation to court. I am obviously trying to see if I can avoid the hassle of going to court.

Customer :

Does she have the right to present such a case?

SA-TOPLAW : Hi - she does have the right to take the matter to Court but the principle is the he who alleges must prove so she will bear the onus of proving the case. Your 2 defences are good namely her dog jumping on her plus the blood pressure issue. Her maximum claim is R12k and if you are really concerned and you have public liability under your homeowners policy you could always refer the claim to them.
Customer :

Ok, thanks.

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 94.1 %
Accepts: 705
Answered: 7/6/2012

Experience: All areas of commercial and contract Law - specialist in property advice.

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