Kristine Kalmer v Gaironisa Davids NO (in her capacity as the Executor in the Estate of the late Yasmin Salie) and Another

During a ladies’ road race held in Cape Town in 2014, the appellant, an elite competitive runner, collided with Ms Yasmin Salie, a member of the public, on a section of the promenade in Mouille Point that remained open to pedestrians. Ms Salie had been standing stationary in the middle of the pavement after taking a photograph for another race participant. The appellant, who testified that she habitually focused only on the ground ahead and other runners and not on pedestrians, shouted a warning but did not alter her course, slow down, or keep a proper lookout. She collided with Ms Salie, causing injuries. Ms Salie instituted a damages claim against the appellant and the race organiser, Western Province Athletics (WPA). The High Court dismissed the claim. On appeal to a Full Court, the appellant was found 30% liable for Ms Salie’s damages, while the claim against WPA was dismissed. The appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. No order was made as to costs in relation to the second respondent’s participation in the appeal.

The case is significant for clarifying the standard of care expected of participants in sporting events conducted in public spaces in South Africa. It affirms that athletes owe a duty, grounded in negligence principles, to keep a proper lookout for members of the public when competing on routes not closed to pedestrian traffic. The judgment also reinforces South African delictual principles by rejecting the uncritical importation of English ‘duty of care’ doctrines into Roman-Dutch law.