The appellant was a passenger in a vehicle at a fast-food drive-through when a cup of hot coffee spilled on her, causing severe burns.
The insurer denied her claim for statutory accident benefits on the basis that the incident was not an 'accident' under s. 3(1) of the SABS.
The Licence Appeal Tribunal upheld the denial, finding that an improperly secured lid was an intervening act that broke the chain of causation.
On appeal, the Divisional Court reversed the Tribunal's decision, holding that an inadvertent spill of hot coffee purchased from a drive-through is a normal incident of the risk created by the use of a vehicle, and the appellant's inability to take evasive action due to being seated in the vehicle was a direct cause of her impairments.
