Stewarts and South African lawyers Malcolm Lyons & Brivik have commenced litigation in the South African High Court on behalf of a Yorkshireman who sustained a life-changing brain injury while on holiday in a South African game reserve over the Christmas period in 2019.

On Christmas Day 2019, Charles Dracup travelled to South Africa for what was meant to be a once-in-a-lifetime holiday touring South Africa with his wife Caroline, his two adult children and his brother-in-law’s family. The first leg of the trip was a stay at the Kololo Game Reserve, located in the Limpopo province. The Kololo Game Reserve states that it offers guests luxury chalet accommodation in between safari drives to see the ‘big five’ within their natural habitat.

During the night of the 26 December 2019, Mr Dracup exited his room and stepped onto the balcony. He then fell over the guardrail of the balcony, falling approximately 3m to the concrete ground below. It is alleged in the High Court proceedings that the height of the guardrail on the balcony was only 79cm. This is well below waist height for an average adult and lower than prescribed by South African National Building Regulations, which require guardrails to be of a minimum height of 1m. The Kololo Game Reserve denies liability but makes no reference to the height of the guardrail.

Before his accident, Mr Dracup ran a successful textile business in Yorkshire and was president of his local cricket club. He suffered a severe brain injury in the fall. Mr Dracup is now a wheelchair user, lives in specially adapted accommodation and requires 24-hour care, which his wife struggles to provide.

 

Stewarts is instructed alongside South African lawyer Tzvi Brivik of Malcolm Lyons & Brivik. Malcolm Lyons & Brivik commenced court proceedings in South Africa on 9 June 2022. The Dracup family is still waiting for a trial date to be listed by the South African courts nearly two and a half years after the commencement of proceedings. To date, the Kololo Game Reserve has not provided any funding to assist with Mr Dracup’s extensive care requirements.

Stewarts’ International Injury department, headed by Julian Chamberlayne, has extensive experience securing compensation for life-changing injuries suffered in accidents abroad and working with foreign lawyers to secure justice for injured holidaymakers.

Julian comments: “This is a tragic case involving a UK holidaymaker expecting to have the holiday of a lifetime with his family. We hope the South African courts will list a trial in the near future and that Charlie and Caroline’s urgent requirement for rehabilitation and care support can soon be met. We will strive to ensure that Charlie is fully compensated for his injuries and the consequent impact on his life, however long it takes.”

 


 

You can find further information regarding our expertise, experience and team on our  International Injury page.

If you require assistance from our team, please contact us.

 


 

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