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South Africa Case Law

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Delict [2025] ZAWCHC 48

Barnard v Peregrine Plaza (Pty) Ltd (14475/20)

Barnard v Peregrine Plaza (Pty) Ltd (14475/20) [2025] ZAWCHC 48 (18 February 2025)

The High Court held the defendant liable for a patron’s slip and fall on a wet wooden walkway caused by winter dew, finding no contributory negligence.

  • Personal Injury
  • Slip And Fall
  • Duty Of Care
  • Negligence
  • Causation
  • Contributory Negligence
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Delict [2024] ZAECMHC 53

Myathaza v Sportcene Mthatha (5545/2022)

Myathaza v Sportcene Mthatha (5545/2022) [2024] ZAECMHC 53 (20 June 2024)

The High Court held Sportscene 100% liable after finding that the plaintiff slipped on a wet mat at the store entrance and not outside the premises.

  • Slip And Fall
  • Negligence
  • Mutually Destructive Versions
  • Onus Of Proof
  • Delict
  • Slip-and-fall
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Delict [2022] ZAGPPHC 877

Lombard v Mcdonald's Wingtip (38117/2020)

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

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
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Delict [2022] ZAECPEHC 9

Pete v Boxer Superstore (Pty) Ltd (1785/2021)

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.

  • Negligence
  • Occupier Liability
  • Slip And Fall
  • Duty Of Care
  • Apportionment Of Liability
  • Delict
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Delict [2021] ZAWCHC 284

Frans v Minister of Correctional Services (14141/15)

Frans v Minister of Correctional Services (14141/15) [2021] ZAWCHC 284 (14 June 2021)

The High Court dismissed a delictual claim after finding the plaintiff failed to prove negligence arising from a fall at a correctional facility.

  • Negligence
  • Onus Of Proof
  • Slip And Fall
  • Balance Of Probabilities
  • Delict
  • Onus-of-proof
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Delict [2021] ZAWCHC 39

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)

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
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Delict [2019] ZAGPPHC 1069

De Wet v Gateway Plaza Meatworld CC t/a Meatworld (55046/2017)

De Wet v Gateway Plaza Meatworld CC t/a Meatworld (55046/2017) [2019] ZAGPPHC 1069 (28 November 2019)

A customer slip-and-fall negligence claim was dismissed after the court found the defendant had reasonable safety procedures and the plaintiff failed to prove negligence.

  • Negligence
  • Duty Of Care
  • Slip And Fall
  • Burden Of Proof
  • Delict
  • Premises-liability
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Delict [2019] ZAKZDHC 10

King v Arbour Town (Pty) Ltd and Another (9117/2015)

King v Arbour Town (Pty) Ltd and Another (9117/2015) [2019] ZAKZDHC 10 (13 June 2019)

The court dismissed a slip-and-fall claim after finding no proof that the child slipped on a wet floor and no negligence by either the owner or cleaner.

  • Negligence
  • Premises Liability
  • Slip And Fall
  • Burden Of Proof
  • Premises-liability
  • Slip-and-fall
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Delict [2018] ZAWCHC 117

Stacey v Supercare Services Group (Pty) Ltd (A380/2017)

Stacey v Supercare Services Group (Pty) Ltd (A380/2017) [2018] ZAWCHC 117 (13 September 2018)

The court found that the appellant did slip and fall on a spilt ice-cream, as supported by direct and circumstantial evidence. The respondent's cleaning regime was inadequate given the size of the walkway, heavy foot traffic, and the time a spillage could remain undetected (up to 40 minutes). The respondent failed to appreciate its duty to protect public safety and did not allocate sufficient cleaning staff, despite the Service Level Agreement allowing for more cleaners. The cost of additional cleaners would have been minimal and would have reduced the risk. The respondent's management failed…

  • Negligence
  • Slip And Fall
  • Adequacy Of Cleaning Regime
  • Duty Of Care
  • Res Ipsa Loquitur
  • Public Liability
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Delict [2017] ZAWCHC 86

Folley v Pick 'n Pay Retailers (Pty) Ltd and Others (15559/2009)

Folley v Pick 'n Pay Retailers (Pty) Ltd and Others (15559/2009) [2017] ZAWCHC 86 (23 August 2017)

The court dismissed a shopper’s slip-and-fall claim, finding she had not proved a damp floor caused by cleaners. Costs were apportioned between the parties.

  • Slip And Fall
  • Negligence
  • Onus Of Proof
  • Vicarious Liability
  • Third Party Procedure
  • Amendment Of Pleadings
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.