A wet floor in a supermarket aisle, a broken tile at a shopping centre entrance or a spill that nobody cleaned up can cause serious injuries. A fall can mean a fractured hip or wrist, time off work, surgery and months of rehabilitation.
Many people assume that they simply have to live with the consequences. That is not always so. Shops, shopping centres and other property owners who invite the public onto their premises owe visitors a duty to take reasonable care for their safety. If they fail to do so, an injured person may be able to claim damages.
In January 2026, the Supreme Court of Appeal confirmed that a large retailer remained fully liable to a shopper who slipped on a spilled substance in one of its Cape Town stores, even though the retailer had outsourced its cleaning to a contractor. The case is a useful guide to how these claims work.
The legal basis of a claim
Slip-and-fall claims are usually based on the law of delict. To succeed, the injured person must prove, on a balance of probabilities, that:
- the owner or occupier of the premises acted wrongfully, by failing to take reasonable steps to keep the premises safe;
- it was negligent, meaning a reasonable person in its position would have foreseen the risk of harm and taken steps to prevent it, and it failed to do so;
- the negligence caused the fall; and
- the claimant suffered harm, such as medical costs, loss of earnings and pain and suffering.
The owner is not an insurer of everyone who walks through its doors. The law does not require a floor that is spotless at every moment. It requires reasonable precautions, judged by what a reasonable business in the same position would do.
What courts look for
In supermarket cases, the courts have focused on whether the retailer had a reasonable system for detecting and cleaning up spillages, and whether that system was actually working at the time of the fall.
A busy store selling liquids and produce can expect spills. A reasonable system usually includes regular patrols of the aisles, staff trained to spot and deal with hazards, warning signs, and records that show when areas were inspected and cleaned.
Where a shopper proves that they slipped on something that should not have been on the floor, the court may infer negligence unless the retailer explains how the hazard came to be there despite a reasonable system. In practice, the evidence about the store’s cleaning and inspection routine often decides the case.
The 2026 Supreme Court of Appeal decision
In a case against Pick n Pay Retailers ([2026] ZASCA 7), a shopper slipped on an oily substance in an aisle and injured her hip and shoulder. The retailer had appointed a cleaning company to keep the store clean.
The High Court found the retailer negligent. It held that a retailer can delegate the cleaning work, but not its responsibility to the public. Having appointed a contractor, the retailer still had to supervise and check that the work was being done, and its monitoring system was shown to be ineffective. The retailer was held liable for all the damages the shopper could prove, with an order that the cleaning company must indemnify the retailer for losses caused by its employees’ negligence.
The Supreme Court of Appeal dismissed the retailer’s application for reconsideration, leaving the finding of liability in place.
For businesses, the message is clear. A cleaning contract is not a shield. For injured people, it means the claim is generally brought against the occupier of the premises, with the occupier then pursuing its contractor if appropriate.
Defences you may face
Contributory negligence. If the claimant was partly to blame, for example by not looking where they were going or ignoring a clear warning sign, the court can reduce the damages under the Apportionment of Damages Act 34 of 1956.
Disclaimer notices. Many premises display signs saying that visitors enter at their own risk. Under the Consumer Protection Act 68 of 2008, notices that limit a supplier’s liability must be drawn to the consumer’s attention in a prescribed manner, and a supplier cannot exclude liability for gross negligence. Whether a disclaimer protects the owner depends on its wording, how it was displayed and the circumstances of the fall.
No reasonable foreseeability. The owner may argue that the hazard appeared moments before the fall and could not reasonably have been detected. This is why the timing of inspections matters.
Time limits
Under the Prescription Act 68 of 1969, a claim for damages generally prescribes three years after the claimant became aware of the facts giving rise to it. Where the premises belong to a municipality or another organ of state, written notice of the claim must usually be given within six months under the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002. Missing these deadlines can end a claim before it starts.
What to do after a fall
- Get medical attention immediately, and keep all medical records and accounts.
- Report the incident to the store or property manager, and ask for an incident report to be completed. Ask for a copy, or note the name of the person who recorded it.
- Take photographs of the hazard, the surrounding area, any warning signs (or their absence) and your footwear.
- Get the names and contact details of witnesses.
- Ask in writing that CCTV footage and cleaning records for the day be preserved, as footage is often overwritten within days.
- Keep records of lost income and other expenses, such as transport and home help.
- Do not sign a release or accept a settlement from an insurer before taking legal advice.
- Consult a lawyer early, so that evidence is secured and time limits are met.
How O’Reilly Law can help
We act for people injured on commercial and public premises, from investigating the incident and securing evidence to quantifying the claim with medical and actuarial experts, negotiating with insurers and litigating where necessary. We also advise property owners and retailers on their safety systems, cleaning contracts and the defence of claims.
Contact us to discuss a fall on someone else’s premises, and to make sure your claim is protected.
Related reading: Medical negligence and personal injury claims in South Africa · Prescription: when your claim or debt expires
This article is general information and not legal advice. Correct as at November 2026.