South Africa Case Law

Morrison v MSA Devco (Pty) Ltd (5229/2018)

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

Court

Western Cape High Court, Cape Town

Case number

5229/2018

Judge

P D Andrews

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…

Source excerpt

• Personal Injury
• Occupier Liability
• Res Ipsa Loquitur
• Disclaimer Notice
• Duty Of Care
• Contributory Negligence

Lombard v Mcdonald's Wingtip (38117/2020)

Lombard v Mcdonald's Wingtip (38117/2020) [2022] ZAGPPHC 877 (14 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

38117/2020

Judge

Vuma

Slip-and-fall claim against McDonald’s dismissed after the court held the disclaimer notice was enforceable and the plaintiff failed to prove wetness or negligence.

• Slip And Fall
• Disclaimer Notice
• Duty Of Care
• Negligence
• Consumer Protection Act
• Onus Of Proof

Save-A tyre v Bowers (CA 247/2010)

Save-A tyre v Bowers (CA 247/2010) [2011] ZAECGHC 22 (26 April 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 247/2010

Judges

J.M. Roberson, A. Andrews

The High Court held a disclaimer notice did not shield a tyre business from liability for a customer injured by a falling mag wheel, but reduced damages to R10,000.

• Negligence
• Disclaimer Notice
• Quantum Of Damages
• Res Ipsa Loquitur
• Disclaimer-notice
• Res-ipsa-loquitur