WeeklySA_AdminCARE: Mall owners have a legal duty to ensure safety and must take reasonable steps to foresee, prevent and minimise harm to shoppers using the facility…
By Own Correspondent
Injury claims against shopping centres in South Africa arise when people are injured as a result of negligence by mall owners, operators or retailers. Sadly, it’s not uncommon for people to experience injuries during a trip to the shops.
Legal basis for injury claims against shopping centres
When you visit a shopping centre or mall you must be able to assume it’s a safe environment to shop, work and relax.
Indeed, shopping centre owners have a legal duty of care to ensure that it’s safe. This means they must take reasonable steps to foresee, prevent and minimise harm to people using the facility. This is their legal “duty of care”.
Unfortunately, shopping centre owners and managers sometimes fail to provide safe environments. Examples of negligence that commonly lead to injuries include:
• damaged trolleys
• improperly positioned or missing floor mats
• slippery floors – as a result of cleaning, or spillage from produce or refrigerators
• items falling from shelves
• aisle obstructions, including pallets and boxes
• faulty automatic doors, lifts or escalators.
Who may be liable for shopping centre injuries?
If you suffer injuries due to negligence, it’s not solely the shopping centre owners who may be liable.
The legal duty of care extends to shopping centre management, property tenants, business owners, centre operators, cleaning companies, merchandisers and mall management.
Common causes of shopping centre injuries
One of the most common causes of shopping centre injuries are slip and trip accidents. Often in supermarkets, floors are wet, slippery or uneven, and aisles are blocked by packaging boxes or promotional displays.
Other common causes of shopping centre injuries include fires, roof and ceiling collapses, falling and exploding products, ongoing and shoddy construction work causing falling debris, and lift and escalator malfunctions.
South African examples: Claims for shopping centre injuries
Here are three recent examples of South African shopping centre claims that were found in favour of the plaintiffs.
M Williams vs. Pick n Pay and Bluedot
In September 2023, the Cape Town High Court ordered Pick n Pay to pay all damages and costs to shopper Maria Williams, the widow of rugby player Chester Williams, after she fell on a spillage in the supermarket causing ongoing orthopaedic injuries. The supermarket was found negligent in its duty of care to have the spillage cleaned timeously.
CM Mthembu vs. Big Save Store, Mabopane
In October 2022, the Pretoria High Court ordered Big Save Store in Mabopane to pay all damages and costs incurred after a shopper slipped and fell on a ramp as she exited the store, sustaining injuries. Big Save Store was found derelict in its duty of care to install handrails on the ramp and put up visible warning signs nearby.
CM Pete vs. Boxer Superstore, Gqeberha
In May 2022, the High Court ordered Boxer Superstore, Cleary Park Mall to pay all damages and costs after a shopper was injured following a slip and fall accident. The defendant was found negligent because its employees failed to clean up a cake flour spillage on the floor and to ensure that the aisle was clean and free of hazards that posed a risk to shoppers.
What to do if you have a shopping centre injury claim?
If you have been seriously injured in an accident at a shopping centre or mall, you may have grounds for a personal injury claim.
For the claim to succeed, it must be proven that negligence on the part of the supermarket or shopping centre led to your injury.
For the best chance of receiving the compensation you deserve, you should seek advice from an attorney who has experience of similar cases. Do this before approaching the supermarket or shopping centre where the accident happened. Many law firms, like DSC Attorneys, will take such cases on a no-win, no-fee basis.
• DSC Attorneys Specialises In Personal Injury Claims, Including Road Accident And Medical Malpractice Claims, Across South Africa
