LISTEN | Durban family sues HOMii for R4m over fatal 2023 lift fall
A Durban mother and her son are suing HOMii Lifestyle for more than R4 million.
This follows the death of 22-year-old Andiswa Mantshongo, who fell down a lift shaft at the building in 2023.
It’s the same building where the Dlamini twins recently plunged four floors down another lift shaft.
The family’s attorney, Mhleli Mhlaba, says the lawsuit centres on two claims, loss of financial support for Andiswa’s three-year-old daughter, and the emotional trauma her family has endured since her death.
He argues that HOMii and the building managers failed in their duty of care to ensure residents’ safety.
" That duty of care in this particular case involves, the duty to ensure that the lifts are safe for users, of the building. So, the very fact that someone would fall through a lift shaft - supposes that certain measures to prevent a fall from happening such as maintenance and taking steps to mitigate the risk that fault lift would have."
Mhlaba adds that for the family, this case isn’t just about money but about accountability.
" Common between the case of Mr Dlamini, and our clients was that no accountability, no effort was made on the side of the building owners and those managing the building to approach our client to see if an amicable resolution can be brought to the accident.
"So our whole aim in bringing this lawsuit was to hold the building owners and those managing the building to account mainly for the vindication of Andiswa's life and also to ensure other people don't suffer the same fate."
On Thursday, the Labour Department issued a prohibition notice, barring anyone from using the lift until it’s repaired and declared safe.
Their preliminary report found that the lift was not properly secured.
An email requesting comment has been sent to HOMii’s attorneys.
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