First round of damages claim to victim

Ilse de Lange

A prominent Hyde Park businessperson who was attacked and robbed in his home despite a sophisticated security system has won the first round of his damages claim of over R1.7 million against ADT Security.

Eugene van As, retired chairman of Sappi, claimed the security company had been grossly negligent when it performed repair work on the alarm system at his Hyde Park home in January 2012, resulting in the system being defective when armed robbers entered his home on January 26.

The perimeter alarm system and floodlights were not activated when the perimeter security line was breached and the system also failed to transmit a distress signal to ADT’s control room.

Van As and his wife were having dinner in their kitchen when they were attacked by three armed robbers, who held them up, assaulted them and stole expensive jewellery and other goods worth over R1.1 million.

Van As sustained an injury to his eye, several bruises and abrasions, a shoulder injury and severe shock for which he had to receive medical treatment and will need further treatment.

He had to cancel a previously booked holiday to Antarctica, which cost him more than R260 000, on which he would have embarked the next day.

Van As alleged ADT had breached their agreement the work would on completion be fit for the purpose for which it was installed.

ADT denied any liability for Van As’s damages, claiming he had ignored advice about the kind of beam to be replaced and that the entire alarm system had been turned off when the robbers entered the premises.

An expert testified a defective beam on one of the perimeter walls had been bypassed, allowing the user to arm the alarm system despite the defective beam and without knowing about it.

Judge J W Louw ruled in favour of Van As, finding the robbers had scaled a perimeter wall when it was dark and the alarm system was activated but not working. That they were able to do so was caused by the security company’s breach of their agreement with Van As, he said.

An expert testified that a defective beam on one of the perimeter walls had been bypassed, allowing the user to arm the alarm system despite the defective beam and without knowing about it