A judgment involving a woman being knocked over by an athlete while doing a favour and taking a happy snap for someone on the Sea Point promenade bears a cautionary tale on liability in public spaces during events.

This was after an elite athlete was held partially responsible for knocking a woman over and injuring her during one of the famous Spar Women’s Races along the Cape Town seafront on 6 April 2014.

The judges found that both Kristine Kalmer and the late Jasmin Salie were responsible for the collision while Kalmer was in full flight, but Kalmer less so.

On the day in question, Salie was at the Sea Point promenade for a walk when four women, who were about to set off for the fun walk that was also arranged for the day, asked her to take a picture of them.

Salie stepped back and took the picture, leaning against the railing after a group of elite runners followed by cameras had passed, but while returning the camera, she and Kalmer collided. Salie fell and injured her hip, and ultimately had to have hip replacement surgery.

Salie has died of causes unrelated to the accident, but her estate is carrying on with her suit brought against the race organisers, Western Province Athletics (WPA), and Kalmer.

The matter went on trial in 2020 and, in March 2021, Salie’s claim was dismissed with costs. She was later refused an application for leave to appeal. The matter was before the Western Cape High Court again by virtue of an order of the Supreme Court of Appeal made on 7 July 2021.

The judgment sets the scene of the Sea Point promenade, the lighthouse, the mini putt-putt course along the route, and how its walkways and grass spaces are used for strollers, dog walkers and picnics. They also noted that the race involving elite athletes comes with prize money.

However, a cautionary tale lay in the judgment when the court found that the late Salie and Kalmer were both responsible for the mid-happy snap, mid-race collision.

Salie did not testify, but one of the women whose picture she took, said they had warned her at least once that Kalmer was coming through.

They claimed that Kalmer told her to “Get out of my way”, and pushed her out of the way, carrying on with the run without checking on Salie, but Kalmer denied shouting this.

She said her focus was solely on her running when she raced, and that she looked at the ground while she pounded the pavement. After the collision, she kept running.

The judges found that, although both women were responsible for the collision, on a scale of damages, Salie was more responsible than Kalmer because there would have been banners and other activity indicating that there was a race under way.

The court had also heard that the info pack which is given to race participants explains that, although there is marshalling along the route, it is also still open to pedestrians on race day.

“I am consequently of the view that Ms Salie’s negligence was considerably more than the negligence of Ms Kalmer and I consider that her contributory negligence is to be assessed at 70%. In the result, her estate is entitled to recover no more than 30% of her proven damages from Ms Kalmer,” wrote Judge Pat Gamble, with Judges Elizabeth Baartman and Nobahle Mangcu-Lockwood agreeing.

Western Province Athletics was absolved of responsibility.

News24