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
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
This blog is co-authored by Kamogelo Madiba, a candidate attorney.
The approach of the Western Cape High Court in a January 2025 judgment in Morrison v MSA Devco diverges from established legal principles regarding the enforceability of disclaimer notices.
The claimant sustained injuries after slipping on a wet floor at a McDonald’s restaurant owned by
In this judgment, the court held that the two disclaimer notices displayed at the defendant’s premises did not exclude its liability for gross negligence.
The plaintiff was a visitor to the defendant’s holiday resort and sustained injury when she fell into a hole when seeking shelter at a time when there was a sudden
The High Court has refused to apply the terms of a disclaimer notice to defeat the claim of a shopper who tore his bicep while trying to stop a rack from falling.
The shop owner’s defence relied on the display of a disclaimer notice alongside the entrance to the store which contained an exemption
For the first time, a South African court in Van Wyk v UPS dealt with the application of the Consumer Protection Act to disclaimer clauses in a contract. On the facts, the court applied sections 22, 49 and 52 to sever from the agreement the specific clauses on which the defendant sought to escape liability