The warning sign “enter at your own risk” does not automatically shield business and property owners from being sued for injuries.
Personal injury claims arising from accidents at shopping centres and supermarkets are on the rise and courts are holding property owners accountable where reasonable safety measures were not taken.
This is according to Kirstie Haslam, a specialist personal injury attorney and partner at DSC Attorneys.
“People assume that accidents in malls are just ‘bad luck’, but the law looks very closely at whether those injuries were foreseeable and preventable,” Haslam explained.
Slip, trip and fall incidents remain the most frequent cause of injury at shopping centres and supermarkets. These typically result from wet floors caused by cleaning or spillages, uneven or defective flooring, poor lighting, missing warning signs or obstructions such as pallets, boxes or stock left in aisles.
People assume that accidents in malls are just ‘bad luck’, but the law looks very closely at whether those injuries were foreseeable and preventable.
— Kirstie Haslam
Other serious incidents, such as collapsing roofs caused by bad weather, have been the subject of recent court cases, said Haslam.
Her comments come after a Supreme Court of Appeal (SCA) judgment last week in which Pick ’n Pay was found liable for injuries sustained by a customer who fell while shopping at one of its Western Cape stores in 2017.
The retailer had unsuccessfully appealed two SCA rulings, which found the company liable for injuries sustained by Maria Williams.
Haslam said while the ruling was groundbreaking, it also sends a strong message to business owners like Pick ‘n Pay.
She said property owners and occupiers have a legal “duty of care” to take reasonable steps to protect members of the public from foreseeable harm.
“This does not mean guaranteeing absolute safety, but it does require active risk management. If a shopping centre can show it had proper systems in place, regular inspections, cleaning protocols, warning signage and maintenance, it may avoid liability,” Haslam said.
But where those measures are missing, poorly enforced or ignored, liability becomes a real possibility.
“In personal injury cases, the injured party must prove, on a balance of probabilities, that the property owner or occupier acted negligently and that this negligence caused the injury,” she said.
Haslam explained that most shopping centres rely on disclaimer notices stating that entry is “at your own risk”. However, courts have made it clear that such notices are not an automatic shield.
“For a disclaimer to be effective, it must be clearly visible, specific about the risk and proven to have been seen and understood by the injured person. Vague or hidden disclaimers carry little legal weight,” said Haslam.
What to do if you’re injured? Get medical help first and then report the incident immediately, take photographs, record the time and circumstances, gather witness details, request that CCTV footage be preserved, and keep all medical records.
“Importantly, don’t sign any documents or provide detailed statements without legal advice,” Haslam cautioned.
Even seemingly minor injuries can lead to mounting medical costs, rehabilitation, lost income and long-term consequences. A successful claim, Haslam said, may cover medical expenses, loss of earnings and compensation for pain, suffering and reduced quality of life.
