Property owners and those in control of premises have a legal duty to take reasonable steps to protect tenants and other foreseeable users of a property from foreseeable harm. Failure to do so can have serious consequences, for both those who suffer injury and for the party responsible for the premises.

This principle was recently illustrated in the Western Cape High Court, Cape Town case of O.S.N obo R.J v Chilwan (8617/2019) [2026] ZAWCHC 448 (“Chilwan”) where the Court held a property owner liable after a tenant’s child suffered serious injuries when a sliding gate became dislodged and fell on him.

The evidence showed that the gate lacked an adequate stopper and stabilising mechanisms. Tenants testified that the heavy gate was difficult to operate, had previously fallen or nearly fallen, and had been the subject of prior complaints to the property owner. Expert evidence further confirmed that appropriate end stops and stabilising features were essential to prevent a gate of this nature from derailing and tipping over.

Despite the foreseeable risk posed by the gate, the property owner failed to take reasonable steps to ensure that it was safe for use.

The property owner to shift some responsibility by joining the child’s mother as a third party and seeking a contribution towards any damages awarded. He alleged that she had failed to supervise her son adequately while he was closing the gate. The Court rejected this argument, finding that the incident resulted from the property owner’s own wrongful and negligent failure to take reasonable precautions to ensure the gate's safety.

As a result, the Court held the property owner liable for the damages suffered by the child and ordered compensation in an amount to be agreed upon or determined at a later stage.

Key legal takeaways from this case:

1. Duty to take reasonable safety measures
Property owners and other persons in control of premises have a legal duty to take reasonable steps to ensure that their premises are reasonably safe for those whose presence on the property is reasonably foreseeable.

Importantly, this duty requires reasonable care, not perfection. Property owners are not insurers against every accident or injury that may occur on their premises. The law requires them to act reasonably in identifying and addressing foreseeable risks.

2. Negligence
A person acts negligently where a reasonable person in the same circumstances would:

• Have foreseen the reasonable possibility of harm;
• Have taken reasonable steps to prevent that harm; and
• The person concerned failed to take those steps.

Whether negligence exists depends on the specific facts and circumstances of each case.

3. Apportionment of liability
In some cases, a tenant or another third party may also have contributed to an incident through their own negligence. Where appropriate, liability and damages may be apportioned among those responsible.

However, a property owner will not escape liability merely because another person may have played a role in the events leading to the injury. In the Chilwan case, the Court rejected the claim against the child’s mother and held the property owner solely liable for the consequences of the unsafe gate.

Why this judgment matters
The central lesson from Chilwan is that property owners and occupiers must act reasonably when faced with known or foreseeable safety risks.

Where a hazard is known, or ought reasonably to have been known, and no appropriate remedial action is taken, the failure to address that risk may constitute wrongful and negligent conduct. Whether liability ultimately follows will depend on the facts of each matter and the requirements of a delictual claim, including wrongfulness, negligence, causation and damages.

Beyond the legal consequences, failing to address safety hazards can lead to serious injury, loss of life, reputational damage, and significant financial exposure through damages awards and adverse costs orders.

Practical steps to reduce risk
Property owners and others responsible for managing premises can reduce the risk of injury and potential liability by:

• Conducting regular inspections to identify defects and safety hazards;
• Responding promptly to tenant complaints and reports of unsafe conditions;
• Ensuring that gates, doors, fixtures, and other potentially hazardous installations are correctly fitted, maintained, and compliant with applicable safety standards;
• Keeping comprehensive written and photographic records of inspections, maintenance, repairs, and tenant complaints; and
• Implementing preventative maintenance programmes to address potential risks before they result in injury.

The Chilwan case reminds us that the obligation to provide reasonably safe premises is not optional. Property owners who ignore known or reasonably foreseeable hazards may face substantial legal, financial, and reputational consequences.

For tenants, the judgment confirms that legal remedies may be available when injuries result from a property owner's wrongful and negligent failure to address foreseeable risks. For landlords and property owners, the message is clear: inspect regularly, maintain diligently, respond promptly to hazards, and take reasonable steps to prevent foreseeable harm before an incident occurs.


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