A quick grocery run, a family lunch at the mall, or a routine shopping trip can turn into a life-altering event in seconds.
From wet supermarket floors and falling merchandise to faulty escalators and collapsing roofs, accidents in shopping centres are far more common and often far more serious than many South Africans realise.
According to DSC Attorneys partner Kirstie Haslam, personal injury claims linked to shopping centres and supermarkets are on the rise. Courts are increasingly holding property owners accountable when reasonable safety measures are not in place.
Legal duty of mall shop owners/tenants
“Many people assume mall accidents are just bad luck,” Haslam says. “But the law looks closely at whether an injury was foreseeable and preventable.”
Slip, trip and fall incidents remain the most frequent cause of injury. These often 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.
More serious and sometimes catastrophic injuries arise from structural failures. South African courts have dealt with cases involving roof collapses during severe weather, falling ceiling panels, unsecured fixtures and shattered glass panels.
Equipment failures are another major risk. Malfunctioning escalators or lifts, faulty automatic doors and damaged shopping trolleys. Poorly maintained facilities can also cause severe harm, particularly to children and older shoppers.
Falling objects, including heavy items from high shelves or unstable displays, also pose a recurring danger. While less common, fires and explosions caused by gas leaks, electrical faults or inadequate fire safety measures have led to devastating injuries and high-value claims.
Proactive risk management
Property owners and occupiers have a legal duty of care to protect members of the public from foreseeable harm. While the law does not demand absolute safety, it does require proactive risk management.
“If a shopping centre can show it has proper systems in place — regular inspections, cleaning protocols, warning signage and maintenance — it may avoid liability,” Haslam explains. “But where those measures are missing, poorly enforced or ignored, liability becomes a real possibility.”
In personal injury claims, the injured person must prove, on a balance of probabilities, that the property owner or occupier was negligent and that this negligence caused the injury.
Recent court decisions underline this growing accountability.
Most disclaimers do not protect owners
In Williams v Pick n Pay Retailers (2023), a shopper slipped on a spillage in a supermarket aisle. The court found the retailer liable after it failed to show that adequate cleaning systems were in place.
In Morrison v MSA Devco (2025), a restaurant was held responsible when a patron slipped on a freshly cleaned floor. There was no warning signage. Attempts to blame the shopper’s footwear were rejected.
In Barnard v Peregrine Plaza (2025), a shopping centre was found liable after a shopper slipped on a dew-covered outdoor wooden deck. The court ruled that the surface was dangerously slippery. And it criticised the absence of on-site management that morning.
“These cases show that courts expect proactive safety management, not excuses after the fact,” Haslam says.
Many shopping centres rely on disclaimer notices stating that entry is “at your own risk”. However, courts have made it clear that such notices do not automatically protect property owners.
For a disclaimer to be effective, it must be clearly visible and specific about the risk. It must be proven to have been seen and understood by the injured person. Vague or hidden notices carry little legal weight.
Key steps and precautions
Medical attention should always come first. Beyond that, Haslam advises shoppers to take practical steps that could strengthen a potential claim: report the incident immediately, take photographs, note the time and circumstances, collect 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,” she cautions.
Even injuries that seem minor at first can lead to mounting medical bills, rehabilitation costs, lost income and long-term consequences. A successful claim may cover medical expenses, loss of earnings and compensation for pain, suffering and reduced quality of life.
“Shopping centres are public spaces designed for convenience,” Haslam says. “When safety systems fail, people shouldn’t have to carry the financial and physical burden alone.”
