Chapman’s Peak Drive, a mountain road on the Cape Peninsula managed by the Cape Metropolitan Council, had a known history of rockfalls and landslides, particularly during periods of heavy rain. In June 1994 the area experienced exceptionally high rainfall over a sustained period. On 26 June 1994, during this wet spell, the respondent drove along Chapman’s Peak Drive and was struck by a major landslide, suffering severe injuries. Although the road displayed standard ‘falling rocks’ warning signs, it was not closed prior to the accident. Evidence showed that the appellant had no formal policy or expert-driven system for assessing rainfall data, weather forecasts, or slope stability risks, and decisions about closure were left to a non-engineer maintenance official who only acted after slope failures occurred. The respondent sued the appellant in delict for damages, and the High Court found the appellant liable. The appellant appealed against the finding of liability.