South Africa: Personal Injury

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Delictual Liability, Consumer Protection, And Public Policy: An SCA Turning Point

The SCA, on 27 January 2026, delivered a judgment with significant and far-reaching implications for the insurance industry, particularly liability insurers.

South Africa Insurance

AA

Adams & Adams

Biometrics And CGL Exclusions: U.S. Court Finds No Cover For Facial‑Recognition Claims Under "Access Or Disclosure" Clause

A U.S. district court in Illinois has recently held that a commercial general liability policy's "access or disclosure of confidential or personal information"...

South Africa Privacy

AA

Adams & Adams

Sufficient Knowledge, Not Suspicion: Clarifying Prescription In Medical Malpractice Cases

The recent Eastern Cape Division of the High Court judgment in N[…] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies...

South Africa Litigation

AA

Adams & Adams

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

A recent U.S. federal court decision underscores the power of exclusion clauses in commercial general liability policies—particularly those involving firearms.

South Africa Litigation

AA

Adams & Adams

Employer Immunity Is Not Absolute: What This Means For Employment Practices Policies

South Africa Litigation

AA

Adams & Adams

Understanding Contingency Fee Agreements Or Better Known A No-Win-No-Fee Agreement In South African Law

South Africa Litigation

Beach Weather | Legal Marketing

What Are General Damages In South Africa?

South Africa Litigation

Beach Weather | Legal Marketing

Burn Injury, Big Emotions: Insurers Take Note Of Damages In Vet Negligence Case

South Africa Litigation

AA

Adams & Adams

Public Liability Claims: A Cautionary Tale On Public Infrastructure And Personal Vigilance

South Africa Litigation

AA

Adams & Adams

RAF Litigation: The Prolonged Delay On General Damages – What's Causing It, And How Do We Fix It?

South Africa Litigation

AA

Adams & Adams

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

The Unseen Shield: Foreseeability Of Damages In Delictual Claims

South Africa Litigation

AA

Adams & Adams

Disclaimers In Action: How One Notice Changed The Outcome Of A Lawsuit

South Africa Litigation

AA

Adams & Adams

Balancing The Duty Of Care With Patient Autonomy: A Patient's Right To Refuse Medical Treatment

South Africa Healthcare

FW

Fairbridges Wertheim Becker

COIDA Amendments Take Effect: What Employers Need To Know

South Africa Employment

WW

Webber Wentzel

Mandatory COMESA Merger Control Regime And Other Changes

South Africa Anti-trust

BF

BREMER LF WLL

Protecting African Innovation: A Catalyst For Scale And The Future Of IP

South Africa IP

AA

Adams & Adams

Can You Get Married If Home Affairs Still Reflects You As Married?

South Africa Family

BI

Barnard Inc.

Arbitrators Cannot Decide Constitutional Invalidity In Public Procurement

South Africa Government

E

ENS

Court Rules: Public Liability Insurance Is Not A Free Pass For Careless Behaviour

Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part.

South Africa Insurance

AA

Adams & Adams

An Introduction To Sports Law: Key Legal Areas And Issues In Sports

In a world where sports continues to evolve and shape the fabric of society, the importance of sports law has never been more evident.

South Africa Media & IT

FW

Fairbridges Wertheim Becker

Unsuccessful Civil Damages Following Altercation That Left Victim Partially Paralysed

The protracted legal saga between Andrew Merryweather and his delictual claim for damages against Oliver Scholtz and his father reached the Supreme Court of Appeal (‘SCA')...

South Africa Litigation

E

ENS

Technical Defences Relied Upon By The Enoch Mgijima Local Municipality Rejected By South African High Court

In a recent judgment delivered by the Makhanda High Court, the court addressed two separate applications instituted against the Enoch Mgijima Local Municipality.

South Africa Litigation

E

ENS

Healing Interrupted: The Battle For Income In Personal Injury Claims For Traditional Healers

South Africa Litigation

AA

Adams & Adams

Settlement Agreements: Can Courts Unilaterally Alter Their Terms?

South Africa Litigation

E

ENS

Provisional Measures Through The Lens Of The ICJ's Decision In South Africa v. Israel

Worldwide Litigation

Aceris Law

The Next (Procedural) Step Following An Application To Strike Out

South Africa Litigation

E

ENS

What Are The Consequences Of The New Road Accident Fund Amendment Bill 2023

South Africa Litigation

AA

Adams & Adams

Spring Tide/Storm Surge In The Coast: Likely Impact On Insurance Policies

South Africa Insurance

AA

Adams & Adams

Truck Arson On The Rise Again: What This Means For The Insurance Industry?

South Africa Insurance

AA

Adams & Adams

Draft Rehabilitation, Reintegration And Return-to-Work Regulations (COIDA): What Does This Mean For Incapacity Management?

South Africa Employment

E

ENS

Can An Employee Of A Temporary Employment Service ("TES") Sue The Client Of A TES For Work-related Injuries?

South Africa Employment

E

ENS

Lessons In Patient Care: Negligence And Accountability In The Gauteng Health System

South Africa Litigation

E

ENS

Truck Arson On The Rise Again: What This Means For The Insurance Industry?

The past few weeks have been engulfed with flames of truck arson attacks in South Africa.

South Africa Insurance

AA

Adams & Adams

Draft Rehabilitation, Reintegration And Return-to-Work Regulations (COIDA): What Does This Mean For Incapacity Management?

On 15 June 2023, the Department of Employment and Labour published the Draft Rehabilitation, Reintegration and Return-to-Work Regulations in terms of the Compensation for Occupational Injuries...

South Africa Employment

E

ENS

Can An Employee Of A Temporary Employment Service ("TES") Sue The Client Of A TES For Work-related Injuries?

As the modern workplace continues to evolve, temporary employment and the use of labour brokers have become increasingly common across a range of industries in South Africa.

South Africa Employment

E

ENS

Lessons In Patient Care: Negligence And Accountability In The Gauteng Health System

A recent court ruling has held the Gauteng MEC for Health accountable for a case involving the amputation of a patient's leg.

South Africa Litigation

E

ENS

Should RAF Be Imposing A Requirement On Foreign Nationals To Produce Stamped Passports After Finalisation Of The Matter?

South Africa Litigation

AA

Adams & Adams

Legal Duty Of Care Owed By Taverns To Customers

Most taverns are notoriously known for their unsafety and violent activities. Serious assaults, bar fights, and sometimes deaths are not necessarily unheard of in taverns. Most societies have come...

South Africa Litigation

AA

Adams & Adams

Discussion Of Recent Caselaw Pertaining To A Slip-and-fall Incident In A Local Supermarket In Gqeberha

In this article, the recent caselaw of Caymore Melissa Pete v Boxer Superstore (Pty) Ltd will be discussed. In this matter, Mrs Pete slipped over cake flour at her local Boxer Supermarket...

South Africa Litigation

BI

Barnard Inc.

Delictual Liability For Sports' Injuries And Fatalities

Delictual claims ordinarily dominate our courts. This is evident from the annual statistics relating to legal claims against various organs of the State and departments of government.

South Africa Media & IT

AA

Adams & Adams

The Country Engulfed In Flames & Smoke – What It Means For Insurers And Insured Businesses?

It is fast becoming a normality to wake up to the reports of fire break outs in South Africa. Since the July 2021 civil unrest, there has been further major fire break outs.

South Africa Insurance

AA

Adams & Adams

Litigation Hungry Plaintiff Attorneys, Or Poor Management – Who Is The Real Culprit Behind The RAF's Astronomical Legal Bill?

South Africa Litigation

AA

Adams & Adams

Who Is Liable For A Dog Bite Injury

South Africa Litigation

AA

Adams & Adams

The Thespian's Toe's vs RAF

South Africa Litigation

AA

Adams & Adams

Who Qualifies For Road Accident Fund Claim

South Africa Litigation

AA

Adams & Adams

The Road Accident Fund Act: Who Is Entitled To A Claim And What Can Be Claimed?

South Africa Litigation

AA

Adams & Adams

Does The Road Accident Fund Pay For Future Hospital And Medical Expenses

South Africa Litigation

AA

Adams & Adams

Legal Representatives Settling A Matter Without Mandate

South Africa Litigation

SI

SchoemanLaw Inc.

Who Will Foot The Bill For COVID-19 Vaccine Complications?

South Africa Coronavirus

AA

Adams & Adams

Types Of Personal Injury Cases That Need A Lawyer

South Africa Litigation

AA

Adams & Adams

Road Accident Fund Lawyer: When Do I Need One?

South Africa Litigation

AA

Adams & Adams

It Was An Accident, But Who Is Liable?

South Africa Employment

E

ENS

Careful! An Unreasonable Exception Can Cost You Dearly

South Africa Litigation

AA

Adams & Adams

Festive Road Crashes: A Brief Description Of The Compensation Process

South Africa Litigation

AA

Adams & Adams

Dog Bite Court Cases Gaining Momentum: General Legalities

South Africa Litigation

AA

Adams & Adams

Has The South African SCA Imported The Res Ipsa Loquitur Maxim Into Medical Negligence Cases?

South Africa Litigation

CC

Clyde & Co

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