'Indemnity will not work in misconduct or recklessness,' says Richard Spoor
Two schoolboys, Enoch Mpianzi and Keamohetswe Seboko, died in separate drowning incidents while in the care of their schools last week.
Parktown Boys' High pupil Mpianzi drowned during orientation camp at a North West bush lodge while Seboko died during a swimming lesson in the hostel pool at Laerskool Bekker in Magaliesburg.
What liability do the schools have in cases like these and what role does an indemnity form play in such instances?
Bongani Bingwa chats Richard Spoor Inc Attorneys director Richard Spoor to weigh in on the matter.
Indemnity forms are meant to indemnify the school against civil claims for any loss or harm and quite frequently for death or personal injury that might be sustained by the child during the outing or the event.Richard Spoor, Director - Richard Spoor Inc. Attorneys
He says it is a fundamental requirement that the parent should know the kind of risk that the child will be exposed to and the parent should have an opportunity to think about those risks before they hand in that indemnity.
The indemnity against negligence doesn't guard against intentional misconduct or recklessness. No indemnity is going to work in those circumstances.Richard Spoor, Director - Richard Spoor Inc. Attorneys
Listen below to the full conversation:
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