Morrison v MSA Devco (Pty) Ltd (5229/2018) [2025] ZAWCHC 21 (30 January 2025)

Morrison v MSA Devco (Pty) Ltd (5229/2018) [2025] ZAWCHC 21 (30 January 2025)

The court found, on a balance of probabilities, that the plaintiff was present at the defendant's restaurant and slipped and fell on a wet floor due to the defendant's failure to comply with its own cleaning protocols and to place adequate warning signs. The evidence of the plaintiff and her witness was preferred over the contradictory accounts of the defendant's witnesses, none of whom observed the incident directly. The defendant failed to call the actual cleaner who witnessed the incident. The absence of wet floor notices in the area where the plaintiff fell, combined with the defendant's inability to rebut the prima facie inference of negligence, justified the application of res ipsa...

Citation
[2025] ZAWCHC 21
Parties
Plaintiff: Gail Patricia Morrison; Defendant: MSA Devco (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 January 2025
Case Number
5229/2018
Procedural Posture
Delictual Action / Merits Trial; Quantum Separated and Postponed
Outcome
Plaintiff's claim on the merits is upheld; defendant found liable for 100% of proven damages.
Judges
P D Andrews
Legal Topics
Personal Injury, Occupier Liability, Res Ipsa Loquitur, Disclaimer Notice, Duty of Care, Contributory Negligence
Delict Civil Procedure Personal Injury Occupier Liability Res Ipsa Loquitur Disclaimer Notice Duty of Care Contributory Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Gail Patricia Morrison

Plaintiff

MSA Devco (Pty) Ltd

Defendant

Procedural Posture

Delictual Action / Merits Trial; Quantum Separated and Postponed

Legal Issues

  1. 1 Whether the plaintiff was present at the defendant's restaurant on the date of the incident.
  2. 2 Whether the plaintiff slipped and fell inside the restaurant as alleged.
  3. 3 Whether the defendant breached its duty of care owed to patrons by failing to ensure the premises were safe.

Ratio Decidendi

The court found, on a balance of probabilities, that the plaintiff was present at the defendant's restaurant and slipped and fell on a wet floor due to the defendant's failure to comply with its own cleaning protocols and to place adequate warning signs. The evidence of the plaintiff and her witness was preferred over the contradictory accounts of the defendant's witnesses, none of whom observed the incident directly. The defendant failed to call the actual cleaner who witnessed the incident. The absence of wet floor notices in the area where the plaintiff fell, combined with the defendant's inability to rebut the prima facie inference of negligence, justified the application of res ipsa...

Court Disposition

Plaintiff's claim on the merits is upheld; defendant found liable for 100% of proven damages.

Orders

  • The plaintiff's claim on the merits is upheld.
  • The defendant is liable to pay the plaintiff 100% of such damages as she may establish arising out of her fall at the McDonald's restaurant in Milnerton on 6 February 2017.