In October 2025, the High Court dismissed a claimant’s claim arising from injuries she sustained on a wine farm at night. She slipped and fell while walking on steps on a pathway after leaving a restaurant on the farm.

The claimant alleged that either the restaurant owner or the farm owner was negligent in failing to ensure that the pathway was adequately illuminated and safe for use by patrons at night, which negligence caused her injuries and consequent damages.

The claim against the restaurant owner was dismissed by the court on the basis that the incident occurred in an area outside the premises leased by the restaurant owner from the farm owner. As a result, the restaurant owner did not owe a legal duty to the claimant in respect of the pathway and therefore was not the factual or legal cause of the injuries suffered by her.  

In defence of the claim, the farm owner argued that the claimant was negligent by accessing the restaurant via a pathway for a wine tasting facility, which was not open at night, instead of using the designated access pathway for the restaurant. Further, disclaimer notices at the bottom and top of the pathway clearly warned the claimant that it was dangerous to walk on that area of the farm and she was fully aware of the risks involved with walking on the pathway. In spite of this knowledge, the claimant proceeded to use the pathway and therefore consented to be subject to the risk of injury for which the farm owner was not liable for.   

The court agreed that the farm owner had a legal duty to ensure the safe use of its premises, including the pathway. However, the farm owner was entitled to assume that a reasonable person walking past the disclaimer notices and who continued to use the pathway, like the claimant, had assented to the terms of the notices. The claimant was bound by the terms of the disclaimer notices, and her claim was dismissed based on her consent to the terms on the basis of the doctrine of quasi-mutual assent.

As we approach the festive season, this judgment is reminder to commercial property owners that appropriate disclaimer notices should be displayed on their properties, which may assist with the defence of personal injury claims arising on their properties.

LINK Martinson v Overture Restaurant CC and Another (2367/2022) [2025] ZAWCHC 447 (6 October 2025)