Casino in Cape Town Faces Lawsuit over Electrocution Incident
A tragic incident occurred at the GrandWest Casino in Cape Town, South Africa, in January 2020, when a child was electrocuted near the ice rink. The child was holding onto a metal pole when she came into contact with an exposed wire[1].
The child was immediately transported to the hospital and fortunately made a full recovery[2]. The incident sparked a court case, with the child's parents securing a successful claim against the casino operator, SunWest International, on August 5, 2022[2].
The court found SunWest International liable for gross negligence. The company was deemed to have failed in its duty to address the exposed live electrical wire, especially in a wet, high-traffic area frequented by children[1]. The court also rejected SunWest International's defense that indemnity notices could protect against gross negligence liability[1].
The electrical department was found to have ignored safety protocols by not disconnecting the electrical supply or securing the hazardous area. Management also failed to follow up on safety issues, demonstrating a complete disregard for safety obligations[1].
The judge defined gross negligence as a conscious and voluntary disregard of the need for reasonable care, posing foreseeable grave harm. The court found the casinoβs actions met this standard and held the company vicariously liable for its employees' failure to secure the site[1].
The Western Cape High Court ruled that SunWest International is still liable for damages for gross negligence[3]. A GrandWest engineer admitted that the leftover wires were not removed, causing the electrocution[4]. The casino testified truthfully in court regarding the incident[4]. However, the judge ruled that this did not absolve the casino of responsibility[4].
The GrandWest Casino had argued that it had posted safety protocol signs, but the judge ruled that this was not sufficient to protect the casino from liability[4]. The exact monetary damages awarded to the child's parents and any subsequent appeals were not found in the available sources[1].
This ruling underscores the legal responsibility of business operators to ensure public safety and the limits of indemnity notices in cases of gross negligence.
- The GrandWest Casino, despite having posted safety protocol signs, was held liable for the electrocution incident due to its employees' disregard for safety obligations.
- The court's decision in the GrandWest Casino case emphasizes the legal requirement for businesses to prioritize public safety and the limitations of indemnity notices in cases of gross negligence.
- The casino-and-gambling industry, as illustrated in the GrandWest Casino case, must adhere strictly to safety protocols to prevent accidents like electrocutions.
- The historic ruling against SunWest International, operator of the GrandWest Casino, serves as a reminder for casino-personalities and casino-culture advocates to prioritize safety over profits and adhere to general-news reports about business liabilities for negligence.
