Thursday, January 10, 2019
Johann Neethling & J.M. Potgieter have posted to SSRN Delictual Liability of a Municipality for the Rape of a Mentally Disabled Woman --Bridgman v. Witzenberg Municipality. The abstract provides:
An 18-year-old woman (L) with a mental disability (she functioned cognitively at the level of a 6 to 8 year old child) was abducted and raped by three youths at the Pine Forest Holiday Resort in Ceres, Western Cape (South Africa), where she was staying with her adoptive parents. The resort was owned, managed and controlled by the defendant, the Witzenberg Municipality (the Municipality). The plaintiff, in his capacity as the curator ad litem of L, instituted an action against the Municipality, claiming damages arising from injuries suffered by L as a consequence of the rape. He submitted that the rape was caused by the negligent omissions and conduct of the Municipality. The Municipality denied that it had been negligent. In the alternative it argued that, if it had been negligent, the rape had been caused partly through its own negligence, and partly through the negligence of L’s parents.