When a four-year-old girl was electrocuted at a children's ice-skating rink in January 2020, a family outing to the Grandwest Casino in Cape Town, South Africa, became a nightmare, and the girl's father filed a lawsuit.

The Western Cape High Court ruled on August 5 that SunWest International, the casino operator, was liable for damages due to gross negligence when a live electrical wire was left unattended on a family-packed floor near the ice rink.

Neither media reporting nor court papers identify the plaintiff.  This is consistent with South African law, which safeguards children' and their families' identities that could be used against them in court.

Wire Exposed

The lawsuit claims that because people were still enjoying the final days of the Christmas holidays, the ice rink was packed on the day of the event.  The plaintiff's kid cried and began to shake as she was clinging to a metal pole and observing the skaters.

When he noticed the red stains on her hands, her father drew her close to him.  He then discovered the girl had been electrocuted after noticing the exposed electrical cable on the floor.

Even though the plug connection was only a few feet from the ice rink, the lawsuit claims that when GrandWest's floor manager showed up, he told security not to turn off the electricity right away and insisted that an incident report be written first.

After receiving on-scene treatment from paramedics, the kid was transported to a nearby hospital by her family, where she made a full recovery.

The lighting cords were left behind as a contractor disassembled a Christmas tree the day before, according to testimony given in court.  However, the judge disagreed, stating that it was the duty of GrandWest's own electrical staff to securely unplug the wiring.

In court, a GrandWest engineering manager acknowledged that the remaining cables had not been taken out.  She admitted that the girl would not have been electrocuted if they had been.

Predictable Danger

Since the casino claimed to have put up warning signs throughout the establishment, it denied that its actions amounted to gross negligence.  However, GrandWest was found to be liable for gross negligence, which is a higher level than ordinary carelessness, by the High Court.  The risk was deemed predictable by the court.

The decision holds GrandWest accountable for the child's injuries.

The amount of damages to be awarded will be decided in a different hearing.  On a party-by-party basis, the plaintiff has been awarded legal expenses by the court