[Verified Answer]: Mrs

Mrs. N Slipper and her family decide to drive to Durban for the weekend to celebrate her 60th birthday. On 22 August 2025 they arrive at the Slip and Shiny Hotel (Pty) Ltd, situated on the Durban beachfront with stunning views of the Indian Ocean and with direct access to the beach from the main lobby of the hotel. The lobby floor is polished in a natural blue limestone, known for its beauty and slickness when wet. On the morning of 23 August 2025 at 08h00am the family, comprising of Mrs. Slipper, her husband and their 2 grandchildren, decide to have breakfast at the hotel lobby and to immediately head to the beach for an early swim after breakfast. After breakfast, the family head to the beach. As Mrs. Slipper walked from the main entrance towards the exit door leading to the beach, her feet slipped out from under her, and she fell hard onto her right side. She immediately felt a sharp pain in her right hip and was unable to get up. The cause of her slip was a clear, odourless liquid that was on the floor where she fell. The liquid was identified as spilled bottled water. One of the guests who checked-in approximately 20 minutes earlier had a water bottle on top of his luggage that was not tightly closed. Some of the water spilled onto the floor. The spill was not identified by the staff despite the hotel’s clear policy requiring cleaning staff to “continuously patrol” the lobby area to identify hazards on the floor. As a result of the fall, Mrs. Slipper suffered a fractured right hip and required emergency surgery. She was hospitalised for five days and then transferred to a rehabilitation facility for three weeks. Now she is home but requires a walker. Her recovery is progressing more slowly than expected due to her age and pre-existing arthritis. Her orthopaedic surgeon states she will likely have permanent reduced mobility and will develop post-traumatic arthritis in the joint. Her medical expenses to date amount to R350 000,00 (surgery, hospital stay, and rehabilitation) and her future medical expenses (physical therapy and potential future surgery) are estimated at R75 000,00. Mrs. Slipper blames the hotel’s negligent conduct for her fall, her resulting injuries and the pain and suffering she has endured. She now approaches you for advice on instituting legal action against the hotel. Answer the following questions, using proper references. Note: In your answers, you are required to make up facts to supplement the given facts of the case in so far as your own rendition does not detract from the core issues. Draft that section of the pleading (referred to in 1 (c) above) that sets out Mrs. Slipper’s material facts or facta probanda only. Critically discuss whether mediation can be used as an appropriate ADR strategy by Mrs. Slipper to have the matter resolved.