SunWest International, trading as Grand West Casino in Cape Town is liable for the damages suffered by a child who was four at the time after she was electrocuted by a live wire while clinging to the metal rail at a kiddie ice-skating rink while watching other children.

The father of the child, who is not identified as his daughter is a minor, turned to the Western Cape High Court to claim damages from the casino after his child was injured during the January 2020 incident.

The father testified that the incident occurred during the festive season and the food court at Grand West was bustling with foot traffic and children. His child was standing next to him at the kiddies ice-skating rink, holding on to a steel pole when she suddenly cried out loud.

He looked at his child and could see her visibly trembling. He then pulled her towards him while she was screaming and at the same time showing him her hand. He took a moment to survey the surroundings and noticed an exposed electrical wire lying on the floor. A red mark was visible on his child’s hand. He then concluded that his child had been electrocuted.

The floor manager of Grand West Casino arrived on the scene and asked him what had transpired. The security wanted to switch off the main electricity plug point, which was a few meters away from where the ice-skating rink was stationed, but was prevented from doing so as they first needed to do an incident report. The paramedics arrived, examined his child, and applied some burn gel to her hand and under her feet. Thereafter, he took his child to the emergency medical centre, the father testified.

He told the court that he never expected that his child would, under normal reasonable circumstances, step on a live wire at Grand West, a public venue, as there was no warning or any indication that there was work in progress. The manager of the engineering, electrical, and operations department at the casino testified that an independent contractor had earlier set up a Christmas tree at Grand West and later dismantled it.

Grand West’s electrical department was responsible for connecting and disconnecting the Christmas tree lights. She was not able to confirm whether on the day of the incident the team from the electrical department switched the main plug on or off as she was not there.

She stated that after the contractor removed the Christmas tree, they left the wires at the ends of the strands of the Christmas tree lights for the casino’s electrical department to connect. She conceded that had the electrical wire been removed by the electrical department, the injury to the child would not have occurred.

A security guard testified that he saw the father cradling his weeping child in his arms. He then noticed a white electrical cable with one connector block. He also noticed a red live wire, which was not insulated, protruding outside of the connector block.

The court said that considering the nature of the casino’s business and the public’s expectation for safety at the premises, and the lack of any explanation regarding whether it was safe after the Christmas tree was removed, it is clear that the defendant was grossly negligent.

Had the electrical and maintenance department conducted a thorough inspection and secured the area after the Christmas tree had been removed, not only would the live wire have been seen and removed, but the child would also not have been electrocuted, the court said.

The issue of how much damages the defendant must pay was meanwhile postponed indefinitely.

zelda.venter@inl.co.za

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