Question

Your client, Mrs Vusani, approaches you for legal advice. She qualified as a physiotherapist in

2008 but only practised as such for a year thereafter. She was married in 2009 and has been
caring for the children born from their marriage since then while her husband provided for the
family. She was recently seriously injured at a water park due to one of the waterslides
malfunctioning. She was thrown over the side of one of the slides. Her spinal cord was injured as
a result and doctors fear that she will not be able to walk again. It is further expected that she
will incur further medical expenses in the future and she will probably never be able to work as
a physiotherapist again.
Advise Mrs Vusani on the following:
The application of the ‘once and for all’ rule in this case, particularly with regard to the
prospective loss of Mrs Vusani.

Answer 1

[AI-generated answer — Bot GPT 3.5]

The 'once and for all' rule in personal injury cases generally states that a plaintiff is only allowed to bring one claim for damages arising out of the same set of circumstances. This means that Mrs Vusani would need to ensure that all of her potential future losses and expenses resulting from the water park incident are included in her initial claim for damages.

In Mrs Vusani's case, it is important to calculate and include all potential future medical expenses, loss of earning capacity as a physiotherapist, and any other relevant losses in her claim. This is crucial because if she does not include these future losses in her initial claim and later discovers that she requires additional medical treatment or incurs more expenses, she may not be able to bring another claim for these losses.

It is also important to consider any limitations or caps on damages that may apply in this case, as well as any potential defenses that the water park may raise. It would be advisable for Mrs. Vusani to seek the assistance of a personal injury lawyer who can help her navigate these complex legal issues and ensure that she receives the compensation she deserves for her injuries.