US man sues for R13m after fall
2010-03-10 07:42
Pretoria - An American man is claiming R12.6m from the Monateng Safari Lodge outside Pretoria after he fell on a wet stoep.
Michael Francis Klesh, 55, a marketing specialist, says in his court documents that he fractured a vertebra and broke his left wrist. He was supposedly in shock for three to four months.
He is claiming R12 627 650 from Monateng after he fell outside his accommodation unit on the afternoon of January 19 2008.
Klesh alleges there wasn't sufficient protection from rain water on the stoep and that there was no warning that the tiles might be slippery or dangerous when they're wet.
Indemnity
Morris Baslian, Klesh's legal representative, said Klesh and the defendant reached a verbal agreement when Klesh booked his accommodation by phone on January 10 2008.
When he arrived on January 14, he was given a piece of paper to sign "which is at best an offer and not a contract".
The receptionist said the document was a "mere formality".
Baslian said the defendant is relying on the indemnity clause in that document, which was not a condition of the original agreement (when Klesh made his booking).
The indemnity clause is also "hidden" in the document.
At the bottom of the document the signatory agrees to abide by Monateng's rules and regulations, and gives consent for their vehicle to be searched.
Baslian said the indemnity clause should have been pointed out to the signatory.
Since the receptionist said the document is merely a formality, Klesh had no reason to suspect or believe that it would contain any conditions.
'Extraordinary' rain storm
Tall Potgieter, legal representative for Monateng, said the stoep has a roof. Klesh testified that there had been an "extraordinary" rain storm.
This does not mean the defendant was negligent, said Potgieter.
Potgieter said it would be "ridiculous" to explain terms and conditions when a booking is done over the phone. That's not how things work in the commercial world.
The final contract is signed when a person reaches their destination.
In Klesh's own version, he knew he couldn't stay there if he didn't sign the document containing the indemnity clause. He knew the "formality" was actually an indemnity form.
There is no obligation to point out such a clause, said Potgieter.
Tiles
In his testimony, Klesh did not say there was anything wrong with the tiles.
Acting Judge Sulette Potterill said that with regard to the rain storm, the law states "one does not have to warn against something out of the ordinary".
Baslian said the defendant should have ensured the tiles were "non-slippery".
Potterill will hand down judgment on Monday.