Security firm sued

2020-02-13 14:15
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A Local man is claiming almost R400 000 in damages from Chubb Security for allegedly arriving 30 minutes late when his house was being robbed.

Cameron Christian of Scottsville interrupted burglars when he got home and was badly assaulted, court papers said. The assailants made off with various items that included cameras, sunglasses, a DVD player, televisions and gold jewellery.

In addition, Christian had to spend R26 000 repairing the damage the robbers caused to his piano and R710 to repair his dining room. The loot amounted to R309 842. Christian claimed from his insurance company and was only paid out R152 137. He is claiming the shortfall from Chubb.

In addition, he is also claiming R250 000 for pain and suffering following the injuries he sustained.

On Wednesday, Christian’s attorney Siva Chetty was ready to start with the trial in the Pietermaritzburg Magistrate’s Court to determine if Chubb is indeed liable. However, the matter had to be adjourned.

Chubb first wants the issue of whether or not it is in breach of the contract between the parties to be determined. It says that there is no breach in the contract and it is not liable to pay damages.

According to the particulars of claim, Christian concluded a written agreement with Chubb on February 21, 2008. Chubb undertook to provide the following services; armed reaction, monitoring, a lightning protection plan and monitoring by a security officer. It also agreed to render a phone-in reaction and a patrol service.

Chubb was supposed to provide its services in accordance with the code of conduct for security service providers issued by the Department of Safety and Security under the Private Security Industry Regulation Act. There would be no delay in the rendering of services, said the claim.

In addition, Chubb was supposed to act in a manner to minimise the risk of burglary, personal attack, injury or any other applicable cause of loss.

On June 30, 2014 at about 1.58 pm, Christian’s premises had been broken into by armed robbers. At 2.04 pm, he informed Chubb that there were multiple signals from the alarm at the premises. About 10 minutes thereafter, he discovered that the house had been broken into. Upon entering his house, Christian was confronted by two men who assaulted him.

Police were contacted and arrived at the scene before the security company. Chubb, added the claim, failed to minimise the risk of personal attack and or injury and delayed in rendering the services contracted for.

As a result, Christian suffered pain, suffering and disfigurement, he had to consult with a psychologist in view of the trauma and was emotionally disturbed for a long time.

Chubb said that clauses in the agreement between the parties limit Chubb’s liability to Christian or any third party.

Read more on:    pietermaritzburg  |  robbery

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