The Johannesburg Country Club v Stott

The deceased, Mr Stott, was a member of the Johannesburg Country Club, as was his wife, Mrs Stott. On 4 March 2000, while playing golf at the club, Mr Stott took shelter during a rainstorm and was struck by lightning. He sustained severe injuries and died on 24 March 2000. Mrs Stott instituted action against the club for damages arising from his death, claiming loss of support as a dependant (R5.9 million) and funeral and burial expenses (R20 000), alleging that the club’s negligence caused his death. The club raised a special plea relying on an exemption clause in its rules purporting to exclude liability for personal injury or harm to members. Mrs Stott contested the applicability and scope of the exemption clause.

The appeal was dismissed with costs, including the costs of two counsel.

The case is a leading authority on the interpretation of exemption clauses in South African law, particularly in distinguishing between personal injury claims and dependants’ claims for loss of support. It affirms the autonomy of dependants’ claims and underscores the requirement of clear and unambiguous language to exclude liability for negligence, especially where death is involved.