In September 2025, the High Court decided that the owner of a grocery store was liable for the injuries sustained by a claimant, which was caused by a wooden plank that was dislodged by another customer and fell onto her foot while she was shopping at the store, despite disclaimer notices at the store.

The claimant alleged that her injuries and consequent damages were caused by the sole negligence of the owner and store employees who failed to ensure that the store was safe for use by customers.

The owner denied liability and argued that an unknown shopper had accidentally bumped the plank, causing it to fall onto the claimant’s foot and that the owner could not be held liable for the conduct of the shopper. The owner also relied on disclaimer notices displayed at the store’s entrance stating that customers entered the premises at their own risk. The owner further argued contributory negligence on the part of the claimant in failing to keep a proper lookout whilst shopping at the store.

The court accepted that the plank was dislodged by another shopper and fell onto the claimant’s foot. However, the court noted that the owner failed to lead any evidence that the plank was properly placed or secured to serve some particular purpose in the grocery store.

The court decided that the owner had a legal duty to take reasonable steps to prevent harm to customers such as the claimant. Even if a third party had caused the plank to fall, the owner remained responsible for ensuring that the grocery store environment was safe for customers to use.

The court rejected the retail store’s reliance on the disclaimer notices. It decided that the disclaimer notices were not sufficiently proven to be clear, unambiguous, or brought to the claimant’s attention. In any event, the court decided that it would be contrary to public policy and constitutional values to expect a customer to anticipate being struck by a falling plank in a grocery store. The disclaimer notices were incompetent of disclaiming responsibility or liability on the part of the owner in the circumstances.

The court found no contributory negligence on the part of the claimant and decided that the owner was 100% liable for the claimant’s proven or agreed damages.

As we approach the festive season, this judgment is a reminder to retail store owners that they have a legal duty to ensure that their stores are safe for use by customers. Reliance on disclaimer notices cannot be the only line of defence against claims.

LINK Matlou v Big Save (Pty) Ltd (22676/2019) [2025] ZAGPPHC 985