GrandWest Casino Found Liable for Child’s Electrocution Incident

The Western Cape High Court has ruled that GrandWest Casino and Entertainment World is liable for damages after a four-year-old girl was electrocuted by an exposed live wire at the venue’s children’s ice rink in January 2020. Acting Judge Sharon Mthimunye found the casino’s owner, SunWest International, guilty of gross negligence for failing to protect the safety of the public.

The live wire was left exposed following the dismantling of a Christmas tree in the food court area. The child, now ten years old, was holding onto a metal pole at the ice rink when she received an electric shock. She sustained serious injuries that her father claims have led to long-term medical and psychological issues.

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Compensation Claim of Over R4 Million

The father of the child is seeking more than R4 million in damages, covering past and future medical expenses, loss of future earning capacity, and general damages. Legal documents indicate the girl now suffers from speech and vision impairment, memory loss, behavioural changes, post-traumatic stress disorder, and permanent disfigurement.

While GrandWest admitted negligence, it argued that its disclaimer notices limited its liability. The court, however, rejected this, with Mthimunye noting that gross negligence could not be exempted through such notices.

Dispute Over Responsibility

GrandWest’s legal team argued that an independent contractor responsible for mounting Christmas lights should bear responsibility. However, the court ruled that the casino’s own electrical and maintenance department was ultimately accountable for ensuring the area near the ice rink was safe.

Advocate Roxanne van Wyk, representing the father, said the level of risk and harm to the child was “extreme”, while the court found GrandWest’s negligence to be vicarious and gross in nature.

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