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South Africa decisions
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Mgiba v Passenger Rail Agency of South Africa (49615/2015) [2025] ZAGPPHC 607 (17 June 2025)
The High Court dismissed a commuter’s claim for a train-station injury, finding the plaintiff had not proved his version on a balance of probabilities.
Shirbeza v Tobitrix (Pty) Ltd (2021/39063) [2025] ZAGPJHC 258 (27 February 2025)
The High Court dismissed a pedestrian injury claim after finding the plaintiff failed to prove delictual liability for a falling window glass from the defendant’s building.
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…
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Davidtz v Klimax Manufacturing (Pty) Ltd (25112/2019) [2022] ZAGPPHC 904 (22 November 2022)
The High Court found Klimax liable for a stairway slip-and-fall caused by powder from burnt cables, but reduced damages by 20% for contributory negligence.
Lakay v Minister of Justice and Correctional Services and Another (22403/2017) [2022] ZAWCHC 221 (2 November 2022)
The High Court held the state liable after a visitor tripped on an unsafe prison pathway and found the defendants failed to repair or warn of the hazard.
Swarts v Minister of Public Works and Infrastructure and Another (2596/2020) [2022] ZAECQBHC 21 (12 August 2022)
The court found that both the first and second defendants owed a legal duty to the plaintiff and the public to keep the court building safe and free of hazards. The defendants admitted the legal duty but argued that appointing Sky Ground, an independent contractor, discharged their responsibility. The court rejected this argument, holding that merely appointing a contractor did not absolve the defendants of their duty, especially as they failed to monitor or ensure compliance with safety requirements. The evidence established that the plaintiff slipped on water in the passageway, no warning s…
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Pete v Boxer Superstore (Pty) Ltd (1785/2021) [2022] ZAECPEHC 9 (5 May 2022)
Slip-and-fall claim held proved on liability only: the court found Boxer Superstore liable for a flour spillage that caused the plaintiff’s fall.
Pick 'n Pay Retailers (Pty) Ltd v Pillay (900/2020) [2021] ZASCA 125 (29 September 2021)
The court found that the risk of harm from the automated boom gate was reasonably foreseeable, particularly given its location adjacent to a frequently used pedestrian route and the absence of warning signs at the time of the incident. The appellant's reliance on controlled tests and the lightweight nature of the boom did not negate the risk, as the tests did not account for impacts to the head or face. The fact that safety measures, such as warning signs and manual operation, were implemented only after the incident further demonstrated that the appellant had not taken reasonable steps to pr…
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Morgan v Member of the Executive Council for Gauteng Department of Agriculture, Conservation Environment and Land Affairs and Others (72869/2013) [2021] ZAGPPHC 460 (30 June 2021)
Leave to appeal was dismissed in a hotel-staircase negligence case. The court found no reasonable prospects of success and upheld the costs order.
Moodley v Fashion World (2916/2016) [2020] ZAKZDHC 54 (22 October 2020)
The High Court held that Fashion World was negligent after a customer fell on an uncovered, uneven entrance area and granted liability judgment for the plaintiff.
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