Real Estate Investor Magazine June 2023 Edition | Seite 41

AIRBNB there would be no difference whether the homeowner was present or not , although Haslam says that this would be dependent on the facts . “ In the case of an unauthorised intruder / trespasser , however , the situation could be different , depending on the circumstances in which the person came to be injured .”
There are various accidents that can happen i . e . slip and fall injuries , falling objects , recreational equipment , dog bites , swimming pools etc . As to liability regarding these scenarios , Haslam says that not all injuries can reasonably be foreseen or prevented . “ The point of departure is that a wrongdoer ( in this case the homeowner ) can only be held liable for damage which was reasonably foreseeable and preventable , and he or she failed to take reasonable steps to prevent the harm from ensuing ,” she explains .
She continues : “ If we take the pool example , it is reasonable to expect a homeowner to either fence off the pool so it is not accessible to small children , or install a cover which will prevent accidental drowning . In the case of recreational equipment , for example a swing in the garden , the homeowner is duty bound to ensure that the equipment is maintained , and that if it is in a state of disrepair , this be drawn to the attention of
SA Real Estate Investor Magazine APRIL / MAY 2023 40