South Africa Case Law

Ngwenya vs Accelerate Property Fund (2022/13159)

Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 (16 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/13159

Judge

Mudau

The court found that the plaintiff failed to prove, on a balance of probabilities, that the metal skirting was loose, protruding, or constituted a foreseeable risk prior to her fall. The video evidence did not show any visible defect before the incident, and the defendant's witness confirmed regular inspections with no abnormalities noted. The disclaimer notices were prominently displayed, clear, and of sufficient size to draw the attention of any reasonable person, including the plaintiff, who worked at the premises for two years. The court held that the plaintiff assented to the terms of th…

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• Personal Injury
• Duty Of Care
• Disclaimer Notices
• Negligence
• Premises Liability

Kruger v Wawiel Park (PTY) Ltd (4538/2014)

Kruger v Wawiel Park (PTY) Ltd (4538/2014) [2022] ZAFSHC 357 (23 December 2022)

Court

Free State High Court, Bloemfontein

Case number

4538/2014

Judge

JP Daffue

The High Court held the resort liable after the plaintiff fell into an unmarked hole. Disclaimer notices could not protect the defendant from gross negligence.

• Gross Negligence
• Public Policy Exception
• Disclaimer Notices
• Consumer Protection Act
• Premises Liability
• Gross-negligence

Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another (A116/20)

Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another (A116/20) [2021] ZAWCHC 39; [2021] 2 All SA 457 (WCC); 2021 (4) SA 221 (WCC) (3 March 2021)

Court

Western Cape High Court, Cape Town

Case number

A116/20

Judges

Sher, Allie, Samela

High Court appeal over a mall slip-and-fall succeeded, with the owner and manager held liable for failing to take reasonable steps against a wet-floor hazard.

• Premises Liability
• Negligence
• Independent Contractor Liability
• Slip And Fall
• Disclaimer Notices
• Duty Of Care

Viljoen and Another v Cornelius and Others (48446/14)

Viljoen and Another v Cornelius and Others (48446/14) [2016] ZAGPPHC 1185 (27 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

48446/14

Judge

Mali

The court found that the defendants owed the plaintiff a legal duty of care in the context of a dangerous obstacle course. The evidence established that the defendants failed to provide adequate instructions, did not ensure the presence of properly trained marshals, and did not supply necessary safety equipment such as harnesses for the Foefie slide. The disclaimer boards and indemnity forms were not brought to the plaintiff's attention, and she did not voluntarily assume the risk. The defendants' reliance on disclaimer notices was rejected due to lack of visibility and proper communication.…

Source excerpt

• Duty Of Care
• Negligence
• Occupiers Liability
• Voluntary Assumption Of Risk
• Disclaimer Notices
• Causation

Hanson v Liberty Group Ltd and Others (2009/4633)

Hanson v Liberty Group Ltd and Others (2009/4633) [2011] ZAGPJHC 195 (9 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2009/4633

Judge

Notshe

The High Court held that a mall parking disclaimer did not bind a passenger because it was directed at parkers and vehicle owners, not her.

• Premises Liability
• Disclaimer Notices
• Negligence
• Occupiers Liability
• Premises-liability
• Disclaimer-notices