CHAPTER 8 - SPECIAL DELICTS RELATING TO THINGS FALLING FROM BUILDINGS

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Actio de effusis vel dejectis

This delict is a strict liability action which can be brought against the occupier of premises from whose premises something has fallen or been thrown or poured thereby causing injuries to P. No negligence on the part of the occupier has to be proven before damages can be recovered.

 

Actio de positu vel suspensi

Where a thing has been dangerously placed or suspended on a building or over a public way creating a risk of injury an action for an interdict can be brought to stop the continuation of the hazard.