LettersOpinion

#Letter: Municipality defends injury claim rejection

"I fell about 1 metre and my leg was gashed to the bone, severing an artery. I was rushed to Netcare Alberlito Hospital and received emergency treatment" - Rob Humphry.

Rob Humphry of Sheffield Beach writes:

On the evening of July 6 last year I was walking my dog down the wooden staircase at Christmas Bay, Sheffield Beach, when 2 of the planks gave way.

I fell through and severely lacerated my right leg.

The staircase was in a very poor condition with rotten planks and rusted nails evident.

I fell about 1 metre and my leg was gashed to the bone, severing an artery. I was rushed to Netcare Alberlito Hospital and received emergency treatment.

Miraculously my leg did not break.

Two months later a feeble attempt was made to repair the staircase, but steel nails were used which won’t last in the beach environment.

Danger tape is evident in this photo of repair work at the Christmas Bay staircase

That specific staircase is very high at certain points (4 to 5m) and its only a matter of time before someone is more seriously injured or killed.

In October I submitted a claim for my injury, supported by photographs, to the KwaDukuza municipality (KDM) via councillor Privi Makhan.

There being no response, councillor Makhan followed up on at least 6 occasions with the KDM management.

The section of the stairway where Rob Humphry fell through. In this section of the stairway, no danger tape can be seen in the photo.

On February 6 a Mr Ngwane responded that the matter was in hand. Councillor Makhan followed up again on February 22, March 23 and March 27.

Six months have now passed and still no response from KDM.

KwaDukuza Municipality liaison officer, Sipho Mkhize, responds:

Access to the wooden staircase in question was officially closed to the public in March 2021 for repair work – part of ensuring the safety of the public.

People still had access to the beach through alternative routes.

A number of people did not adhere to the instruction of not using the staircase while construction was underway.

The refurbishment was only completed in mid-September, 2021.

This means Mr Humphry entered the construction site illegally since it was still under construction.

The attached photograph provides clear evidence of the danger tape present to deter people from entering the construction site.

Therefore, Mr Humphry’s insurance claim was not approved owing to the fact that his accident occurred while the wooden staircase was under construction.

Rob Humphry responded that there was no danger tape or repairs being conducted when he fell.


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