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South Africa decisions
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A.B. v Emerald Safari Resort (Pty) Ltd (2019/21688) [2025] ZAGPJHC 592 (26 May 2025)
The High Court granted absolution from the instance after the plaintiff failed to prove what caused her fall at a resort and could not establish negligence.
Tshose v Kyostyle (Pty) Ltd t/a Maponya Investment Holdings and Another (1205/2020 ; 2270/2021) [2024] ZANWHC 314 (31 December 2024)
The High Court found the mall defendants liable for failing to secure a tiled repair area, rejecting their warning-sign and contributory-negligence defences.
Schol Property and Counsulting v Gajjar (CA42/2024) [2024] ZAECMKHC 130; [2025] 1 All SA 733 (ECG) (3 December 2024)
Appeal over mall slip-and-trip liability dismissed after the court held a white line was not a sufficient warning of a raised paving hazard.
Ngwenya vs Accelerate Property Fund (2022/13159) [2024] ZAGPJHC 880 (16 September 2024)
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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Pieterse v FLM SA (Pty) Ltd and Others (994/2019) [2024] ZAFSHC 34 (5 February 2024)
A plaintiff injured on an uneven walkway failed to prove a dangerous condition or negligent omission; her delict claim was dismissed with costs.
Eze v Adderley Body Corporate and Another (1484/2019) [2024] ZAWCHC 7 (22 January 2024)
The High Court held the defendants liable after a falling plank from a poorly maintained ceiling injured the plaintiff on a public pavement.
Williams v Pick 'n Pay Retailers (Pty) Ltd and Another (8377/2019) [2023] ZAWCHC 229 (1 September 2023)
The court found that Pick 'n Pay owed a duty of care to its customers to ensure a safe shopping environment. The plaintiff was not negligent; her fall was caused by a spillage that had been present for an appreciable time and not cleaned up. Pick 'n Pay failed to rebut the prima facie inference of negligence arising from the application of res ipsa loquitur, as it did not provide reliable evidence of a cleaning regime or show the spillage was recent. Outsourcing cleaning duties to Bluedot did not absolve Pick 'n Pay of liability, as the duty of care remained with the store. Bluedot, under its…
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Kruger v Wawiel Park (PTY) Ltd (4538/2014) [2022] ZAFSHC 357 (23 December 2022)
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.
Mthembu v Big Save Store, Mabopane (Pty) Ltd (65018/2020) [2022] ZAGPPHC 1013 (10 October 2022)
The court held the store liable after a customer slipped on an uneven descending ramp; inadequate warnings and no handrails were found negligent.
Memorable Order of Tin Hats v Kenneth Paul Els (488/2021) [2022] ZASCA 99 (22 June 2022)
The Supreme Court of Appeal held that a second handrail omission was not shown to have caused the respondent’s fall, so the appeal succeeded.
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