Oliphant v The Road Accident Fund

The appellant was injured and rendered paraplegic when her husband’s motor vehicle unexpectedly started and moved in reverse while he was working on the engine in front of their house. The husband was investigating a mechanical problem when a spanner slipped from his hand and allegedly fell onto electrical contact points of the starter motor, causing the engine to start and the vehicle to reverse, knocking the appellant over. The appellant sued the Road Accident Fund, alleging that her husband, as the insured driver, was negligent. The High Court found in her favour, but the Full Court overturned that decision, holding that negligence had not been proved.

The appeal was dismissed with costs.

The case reaffirms the strict application of the South African test for negligence, particularly the requirements of reasonable foreseeability and reasonable preventative steps. It illustrates that even severe harm will not result in liability where the occurrence was too remote and unforeseeable, and it underscores limits on Road Accident Fund liability where negligence of the insured driver is not proven.