INVESTING
the visitor or cordoned off . The situation with dog bites is slightly different , in as much as our law provides for strict liability in certain instances ( for example fault need not be proven ).”
Should you be injured whilst visiting a private property , Haslam says that you should firstly note and record all details surrounding the circumstances of the injury and seek legal advice as soon as possible in order to establish if there are prospects of success with a claim . “ If possible , photographs should be taken immediately to reflect the condition of the property and identify the cause of the incident ,” she says .
“ The injured party should also record the details of any witnesses and of course seek prompt medical attention ,” she adds . “ All of this information can be handed to an attorney with expertise in this field of law , who will then draft a letter of demand to be sent to the homeowner , who in most instances will refer that letter of demand to his or her insurer for further attention .”
The extent to which homeowners insurance will cover any specific incident is very much dependent on the facts . Haslam says that different policies may have specific exclusions or limitations , so it is dependent on the terms of each individual policy . “ You would not be able to claim against your own policy if you were injured on your own property due to your own negligence . If you were injured on somebody else ’ s property , the claim would lie against that homeowner and he or she would refer it to their insurer .”
She adds that it would definitely be wise to retain your own attorney to prosecute any potential claim on your behalf .
As for what damages injured parties can they claim from the home owner , Haslam says that in any instance where injuries are suffered as a consequence of a wrongdoer ’ s negligent and wrongful action or omission , the potential heads of damage ( which will depend on the person ’ s specific circumstances and the extent of the injuries suffered ) include hospital and medical expenses ( in the immediate aftermath , as well as those which are anticipated in future ), loss of income ( again ,
41 JUNE / JULY 2023 SA Real Estate Investor Magazine