Pupil’s fall on school toilet floor to cost Northern Cape MEC dearly

• Published date: 19 April 2024
• Author: Zelda Venter zelda.venter@inl.co.za
• Publication title: Diamond Fields Advertiser

The Northern Cape High Court sitting in Kimberley has found the provincial Education Department liable for the damages suffered by the child

The boy’s father turned to the court to claim damages, as he felt his son’s fall was due to the negligence of the school where he was a learner at the time.

The child’s father said it was the school’s duty to ensure that the toilet floor was cleaned regularly, so that the wet floor did not pose a danger to his son and other children.

The Education Department on the other hand has denied negligence, saying that the toilets are cleaned after the school day.

The child testified that he asked a teacher permission to go to the toilet during class.

After urinating, he tucked in his shirt, fastened his pants, and stepped off the cement block at the urinal. As he stepped off, he slipped in water and fell and hit his head (behind his right ear) against the urinal.

The boy said he lay there for a while, rubbing his head, then got up and walked slowly back to his class.

He felt “drunk” and “dizzy”, and a little sore, but he was not in serious pain.

After school adjourned, he walked slowly and went to sit under a tree to wait for the bus. He did not play with his friends as he was still feeling dizzy. His last memory was sitting under the tree watching the children play, and he could not remember getting on or off the bus, he said.

His first memory thereafter was when he was in the ambulance in front of the hospital.

A cleaner in the employ of the school testified that he cleaned the boys’ toilets after hours and prior to school commencing.

He said the toilets were always very dirty and the floors very wet.

He said there were water stains on the floor, which were caused by the...