In a recent judgment by the Supreme Court of Appeal, the Court investigated the question whether a private security guard company can be held liable for a client's damages that arose after its employee allowed robbers entry to that client's family home, believing them to be police officers.
Our law acknowledges that in such a relationship, the guard has a duty of care with regard to the client, his home and property; but what is the extent of this duty?
After the incident, the family sued the security company that employed the security guard for the damages they sustained during the robbery. The South Gauteng High Court found in their favour and held the security company liable. The company then appealed to the Supreme Court of Appeal ('the SCA') against this decision.