The Western Cape High Court has found a Constantia couple liable for the severe brain injuries suffered by a two-year-old child who fell into their swimming pool 12 years ago, says a Sunday Tribune report. Although the child, now 15, was rescued, she sustained serious brain injuries. Her parents sued the homeowners for more than R62m in damages, but the quantum has still to be decided.

Her parents instituted the action to 2007, alleging the homeowners failed to ensure the pool was properly fenced and the gate closed or properly secured. The homeowners countered that the girl’s parents knew there was a swimming pool on the property, as well as an unprotected koi pond, yet still allowed her to wander around.

In his judgment, Acting Judge Michael Donen found there was ‘no credible evidence to suggest the reason the gate was not secured was anything other than the inability of the gate to close itself and the failure of the people in control of the property to secure it’. He added: ‘An unsecured gate was a danger. He (the owner) had a duty to ensure that it was secure.’ But Donen added that the amount of damages should be reduced because leaving the child unattended contributed to the incident.

Full Sunday Tribune report (subscription needed)