A Pothole Causes You to Crash. Can You Sue the Government?

A Pothole Causes You to Crash. Can You Sue the Government?

A Pothole Causes You to Crash. Can You Sue the Government?KVV Inc Attorneys
Published on: 18/09/2026

A court held a roads authority liable for severe injuries caused by a pothole it knew, or should have known, about. The case highlights when public authorities may be liable for failing to repair dangerous road defects or warn motorists.

Pothole accident claimsRoad accident claimsPublic authority liabilityRoad defect injury claimsPersonal injury claims
Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error

Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error

Accidentally Paid the Wrong Person? Lessons From a R862k Banking App ErrorKVV Inc Attorneys
Published on: 04/03/2025

A recent South African court case highlights the principle of "unjustified enrichment." To claim unjustified enrichment, one must prove the recipient was enriched at your expense, you were impoverished, and the enrichment was unjustified. The court emphasized that once the couple admitted receiving the money without legal basis, they had to prove they repaid it.

Unjustified enrichmentMistaken bank transferBank error refundWrong bank paymentRecipient refuses to return moneyProperty LawKVVBank transfer dispute
Landlord Liable for a Tragic “Freak” Flood Drowning

Landlord Liable for a Tragic “Freak” Flood Drowning

Landlord Liable for a Tragic “Freak” Flood DrowningKVV Inc Attorneys
Published on: 04/03/2025

A recent South African High Court case highlights the legal risks faced by property owners renting accommodation. A family's holiday turned tragic when a "freak" flood swept away their toddler. Despite the owner's claims of unforeseeability and disclaimers, the court ruled that the possibility of flooding was foreseeable, and the owner's failure to take protective measures constituted negligence.

holiday let liabilityflood liabilityproperty owner responsibilityaccommodation risk managementdisclaimer effectivenessinsurance for holiday letsProperty LawKVV
Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?KVV Inc Attorneys
Published on: 04/03/2025

Exemption clauses are crucial for businesses seeking to limit liability. Businesses should ensure their contracts clearly outline the extent of any exemptions, as any ambiguity could be detrimental. Customers should carefully review contracts and consider appropriate insurance coverage.

KVVProperty LawConveyancing Exemption clauseDisclaimer clauseVicarious liabilityContract lawLiability exclusionEmployee theftLimitation of liability
How to Stop Someone Damaging Your Good Name on Social Media

How to Stop Someone Damaging Your Good Name on Social Media

How to Stop Someone Damaging Your Good Name on Social MediaKVV Inc Attorneys
Published on: 04/03/2025

Online defamation can severely damage reputations, impacting both individuals and businesses. Legal recourse is available, and courts act swiftly in such cases. While damages claims address past defamation, interdicts offer immediate protection against ongoing attacks. A recent High Court case saw a property developer successfully interdict a roofing contractor's false and defamatory online campaign, which included accusations of fraud and safety violations.

KVVProperty LawConveyancing online defamationsocial media defamationdefamation lawonline reputation managementprotecting reputation onlinelegal action for defamationinterdict for defamationonline harassmentreputational damagebusiness defamation
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!

Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!

Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!KVV Inc Attorneys
Published on: 04/03/2025

Consequential loss, an indirect result of an insured event, is often excluded from insurance coverage. A recent court case highlighted this issue when a transport company, despite having goods-in-transit insurance, was held liable for consequential loss (loss of profit) due to damaged goods. The insurer refused to pay, as the policy excluded consequential financial loss. The court determined the loss was foreseeable, leaving the transport company to pay the substantial damages claim out of pocket

KVVProperty LawConveyancing Consequential LossConsequential DamagesIndirect DamagesSpecial DamagesLoss of ProfitsBusiness Insurance

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships, Driving Results.

© KVV Inc. Attorneys 2026. All Rights Reserved. Privacy Policy | POPIA

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships,

Driving Results.

© KVV Inc. Attorneys 2026.

All Rights Reserved. Privacy Policy | POPIA