The High Court of Zimbabwe has ruled that Sherwood Golf Club and its chairperson, Briggs John Bomba, are liable for the injuries sustained by a six-year-old girl who stepped on hot charcoal ash at the facility. The incident occurred in June 2021 during a golf training session. Justice Rogers Manyangadze found that the ash had been dumped by employees of the golf club in an area used by children.
The girl's father, Devine Jack, had sued Sherwood Golf Club, Tecla Bomba, Briggs Bomba, and Sherwood Juniors Golf Academy for $150,000. The claim included $500 in medical expenses, $69,500 for shock, pain, and suffering, and $80,000 for permanent disfigurement. However, the court rejected the majority of the claim, citing a lack of substantiating evidence.
According to the court's findings, credible evidence established that the child was in the training area when she stepped on the hot ash. The judge ruled that the employees responsible for disposing of the ash were performing their routine duties, making the golf club vicariously liable for their negligence. The court also found that Briggs Bomba, as the club's highest-ranking official, was jointly liable for the damages.
Briggs Bomba had argued that he was not directly responsible for the club's daily operations and could not recall where he was on the day of the incident. He also claimed that the area was unsecured and that members of the surrounding community could have dumped the ash. However, the judge found that Bomba's position as chairperson made him responsible for governance and policy matters, making him jointly liable.
The court absolved Tecla Bomba, an accountant responsible for the club's bar and kitchen, from liability, finding no sufficient basis to hold her responsible for the negligence of employees. Sherwood Juniors Golf Academy was also found not liable, as it was a program operated by the golf club rather than a separate legal entity.
The court awarded only $300 in medical expenses, as the family failed to provide expert evidence supporting the claims for shock, pain, and suffering, as well as permanent disfigurement. The judge also found that the $500 medical-expenses claim had not been adequately explained. Sherwood Golf Club and Briggs Bomba were ordered to pay the amount jointly and severally.
The ruling highlights the importance of ensuring safety and proper supervision at recreational facilities, particularly those used by children. The incident serves as a reminder for organizations to take responsibility for their employees' actions and to prioritize the well-being of their patrons. The case also underscores the need for claimants to provide sufficient evidence to support their demands.
Key points
- The High Court of Zimbabwe has held Sherwood Golf Club and its chairperson Briggs Bomba liable for a child's burns from hot ash.
- The court awarded $300 in medical expenses, rejecting the family's $150,000 damages claim as largely unsubstantiated.
- The ruling emphasizes the importance of safety and supervision at recreational facilities, particularly those used by children.
