Question
Pansy takes her daughter, Rose, to a funfair owned and operated by Thabo. Rose wants a ride on the rollercoaster so Pansy, who does not
Pansy takes her daughter, Rose, to a funfair owned and operated by Thabo. Rose wants a ride on the rollercoaster so Pansy, who does not like high speeds, leaves her in the queue and goes for a ride on the big wheel which is about 50 metres away. While Pansy is watching from the big wheel, the carriage in which Rose is riding flies off the rails of the rollercoaster track, due to a loose bolt in the framework, and plummets 60 feet to the ground. Rose is badly injured, and Pansy is at first hysterical, and later suffers from recurrent feelings of anxiety and from insomnia. Sage, who is also on the big wheel at the time of the accident, is so shocked at what he sees that he later suffers from catastrophic neurosis and is unable to work for 15 months. Some 10 years earlier Sage had been a voluntary patient at a mental hospital, where he had been treated for a neurotic condition. Roses father, Chrys, hears that Rose had been injured in the rollercoaster accident on the radio news that evening and is so shocked that he suffers from extreme grief and later needs extensive psychiatric counselling to overcome his post traumatic stress disorder caused by hearing of Roses accident. Advise Thabo whether he is liable in delict for the psychological harm caused to Pansy, Sage and Chrys.
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