Learner claims damages after fall on netball court .
Image: File
AN uneven netball field will cost the Limpopo Department of Education dearly after a then grade 11 learner slipped and fell on the uneven terrain and broke her arm, for which she is claiming more than R2 million in damages.
The learner, who is only identified as RM, turned to the Limpopo High Court, sitting in Polokwane, where she blamed the department for her injury. She said that the teachers were negligent in allowing the children to practice netball, while unsupervised, on an uneven terrain.
In denying negligence, the school pointed out that netball is a contact sport and that the plaintiff had knowledge of the risk in playing this sport, which she had consented to.
RM testified that she was a member of her school netball team at the time. The day prior to the incident, her team played against another school and won. The following day the team, including herself, were in the classroom when they were requested to go and practice at the netball sports grounds.
She made it clear that they were not under supervision from teachers at the time when she tripped and fell down and injured her right arm.
RM testified that the ground was uneven and the colour of the ground was red and slippery, with patches of grass and even some stones. She also testified that the team usually cleans the ground before they play, but they did not do so on the day of the incident as they were told on short notice to go and practice.
A teacher, who testified on behalf of the school, stated that he and other teachers were going to supervise the players, but they were still at the gate to the field when the plaintiff fell. They did not see the incident. According to him, the local municipality had repaired the field at the beginning of the year and he also denied that learners helped to repair the field during the year. He said while he cannot do anything about the red soil, they would not allow the learners to play if there are humps and stones on the field.
He also testified to the fact that the plaintiff was still in her school uniform and not in her sports attire when she fell, which was an indication to him that she was not on the sports field when the injury occurred.
But Acting Judge Johan Stroh accepted the evidence of the plaintiff and her teammates that the ground was uneven and that they used to clean it before practice. He also referred to the evidence of the teacher who said, “it is necessary” for them to accompany the learners during practice. The judge said they thus acknowledged that the learners should not be unsupervised on the field and they should have foreseen the possibility of harm to the players.
The judge said the school, thus the department, owed the learners a duty of care to ensure that they are safe.
He ordered the department to pay the learner the damages which she can prove she had suffered.