The Defence of Contributory Intent: Voluntary Assumption of Risk

Abstract

The plaintiffs, Neethling and Breytenbach, were travelling with the defendant, Oosthuizen (and his wife), in a Land Rover. They had gone on an extended holiday tour of Mozambique and were returning to George in South Africa. Their final stop was supposed to be the Gariep Dam in the Free State but unfortunately their holiday was cut short due to an accident which occurred on 3 April 2003. At the time of the accident, the defendant was driving a Land Rover which was towing a heavily laden trailer on a gravel road when the left rear tyre burst. The defendant lost control of the vehicle which overturned and landed on its wheels on the other side of the road. Breytenbach (second plaintiff), was asleep at the time of the accident and therefore could not recall how the accident occurred. As a result of him not wearing a seatbelt he was thrown out of the vehicle and landed unconscious on the road. He suffered a contusion of the brain and cuts to his face and head. Neethling (first plaintiff) suffered injuries to her right foot.