UK Tourist Sues South African Game Reserve for Negligence After Balcony Fall Results in Brain Injury

A UK tourist, Charles Albert George Dracup, is embroiled in a legal battle with Kololo Game Reserve after sustaining serious brain injuries from a balcony fall in 2019. Tzvi Brivik, director of Malcolm Lyons and Brivik Inc., is representing Dracup in his quest to extract damages amounting to millions.

According to court documents, the tragic accident occurred on December 26, 2019, when Dracup was vacationing with his family. They were staying in a Deluxe Sleeper Villa King's unit, with Dracup and his wife assigned to a room above the garage. Unfortunately, Dracup fell from the balcony in the early hours of December 27, which resulted in a severe brain injury that has left him wheelchair-bound and entirely dependent on others for care.

Dracup's representative claims the game reserve's owners were negligent, arguing that a secure railing could have prevented the fall. His injuries are extensive, requiring constant care from his wife as he suffers from incontinence and impaired cognitive function. His need for care has placed a considerable financial strain on the family, especially after the withdrawal of NHS support last year.

Kololo Game Reserve, owned by YTJ Beheer BV South Africa and Brauche Office INC in the Netherlands, has responded to the lawsuit by distancing itself from the incident. It argues that Dracup had signed a disclaimer that should exempt the reserve from liability and suggests that the fall might have resulted from Dracup's own actions, hinting at possible alcohol influence or reckless behavior.

Brivik has filed a request for a hearing, underlining the urgency due to the family's mounting financial pressure. This step comes along with a comprehensive Appraisal report indicating irregularities concerning the safety of the balustrade involved in Dracup's fall.

The outcome of this case could set a significant precedent for the hospitality industry's accountability standards and their adherence to building regulations intended to protect guests. Charles Dracup's battle for justice not only highlights the potential risks involved in leisure stays but also the legal protections available to tourists facing calamity abroad.