Ashley Hyams, an ex-South African now living in Vancouver, is set to receive R350 000 in damages from Mr Luis, the owner of Treetops and Treats Guesthouse, situated in Pretoria.

“The 43-year-old administrative clerk’s claim comprises of inter alia past and future medical, psychiatric, psychological and related treatment, past and future loss of earnings/earning capacity and general damages for pain and suffering, loss of amenities of life, trauma, etc.,” says Jean-Paul Rudd, partner from the Commercial, Property and Litigation practice of the law firm Adams & Adams, who is representing Ms Hyams.

“Fortunately for Mr Luis he possesses comprehensive public liability insurance,” says Rudd. The insurance company, without admitting negligence, previously agreed that they would pay 50 percent of Ms Hyams’ proven or agreed damages arising from the injuries she sustained as a result of her fall. They are also liable to pay Ms Hyams’ legal costs.

My Hyams returned to South Africa on 24 June 2014 to visit her ailing mother and sustained a serious fracture to her arm/wrist whilst ascending stairs at the guesthouse.

The stairs were deemed to be uneven and unsafe for public use by expert witnesses testifying at the liability hearing on behalf of Ms Hyams.

The parties have now valued Ms Hyams’ damages at R700 000, of which she is entitled to R350 000 due to the apportionment on liability.

For more information, contact JP Rudd, partner at Adams & Adams - 012 432 6000