A Ruyterwacht property owner has been found liable for damages after a heavy sliding gate fell on an eight-year-old boy, leaving him with serious head and leg injuries.
The Western Cape High Court ruled that Moegamat Shadley Chilwan failed to take reasonable steps to ensure the gate was safe despite the danger it posed to people living at the property.
Eight-year-old seriously injured
The incident happened in September 2017 when the boy and his mother returned to the property they were renting.
His mother opened the sliding gate and asked him to close it while she went inside.
Around 10 seconds later, she heard him scream and returned to find the gate lying on top of him.
The gate was too heavy for her to lift alone and she called other people to help remove it.
The boy suffered a skull fracture and frontal haematoma, as well as cuts to his scalp and forehead. He also sustained a displaced fracture of his right femur.
Tenants raised concerns about gate
Evidence presented during the case showed that residents had raised concerns about the gate before the accident.
Tenant Madeline Walker testified that the gate needed to be opened and closed slowly because it could come off its rail.
She told the court that the gate had previously fallen and claimed she had repeatedly complained to Chilwan about problems with it.
Another resident also testified that the September 2017 incident was not the first time the gate had fallen.
Chilwan denied that the gate was unsafe. He argued that it had a stopper and guides and blamed the way it was closed for the accident.
Court rejects blame against mother
Chilwan also argued that the boy’s mother should share responsibility because she did not supervise him while he closed the gate.
Acting Judge R Parker rejected this argument.
The court found no evidence that the child had pushed the gate with enough force to break a stopper. It also found that there was no proper stopper installed at the time of the incident.
An expert told the court that additional stabilising measures would probably have prevented the gate from falling.
The court found that the risk was foreseeable and that Chilwan failed to take reasonable safety measures.
Chilwan must now compensate the boy for the damages he suffered. The amount has not yet been determined.
The judgment was handed down on 25 August 2026.
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