Man sues post office after falling into drain

A Port Elizabeth truck driver who fell into an uncovered stormwater drain outside the Swartkops post office, breaking his leg in the process, is suing the South African Post Office for more than R1.1m.

Deon Viviers, 60, fell into the drain at the parking area of the post office in Grahamstown Road in July 2012, and was injured so badly he was admitted to hospital and was unable to walk without assistance for five months.

He said he still continued to experience pain and walked with a limp as a result.

At the time, he had been employed at Vikela Traders CC earning R9,100 a month.

He was unable to resume his employment as a result of his injuries and accordingly lost his job.

The SA Post Office, meanwhile, has hit back, shifting blame to its landlord, Telkom.

Viviers, of Sydenham, said the post office had a duty of care to ensure that its property was safe for use by members of the public, that there were no undue hazards, and that all stormwater drains forming part of the building and those situated on the property were cordoned off and covered by a safety grid or a similar alternative.

He said in papers before the Port Elizabeth High Court that the post office had failed to erect any warning signs to warn members of the public of the danger that existed.

He said as a result, the sole cause of his fall was due to negligence on the part of the SA Post Office.

The post office has hit back, shifting blame to its landlord, Telkom

In defending the claim, however, lawyers for the SA Post Office said the maintenance of the exterior of the building, including repairs to drain coverage, was the responsibility of the landlord, in this case, Telkom.

They said that Viviers had instituted his claim against the incorrect party.

“The SAPO, accordingly, had no legal duty to act positively to maintain or repair any drain coverage on the property.

“Accordingly, it cannot be liable for injuries sustained by [Viviers] as a result of any form of negligence or omissions on the part of the landlord,” it is claimed in the post office’s plea.

In addition, Viviers was not a client of the Swartkops post office.

He had, in fact, been on the property on the evening of July 14 to pick up friends.

It had been raining and he fell into the uncovered drain.

He is claiming:

● R4,335 in respect of past medical expenses;

● R80,000 for future medical expenses, including occupational therapy and pain medication;

● R282,000 for loss of income for the period August 1 2012 to February 28 2015; and

● R800,000 for general damages in respect of shock, pain, suffering, disability, discomfort and loss of amenities of life.

The case continues.