A quick grocery run, a family meal 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, shopping centre accidents are far more common and often far more serious than many South Africans realise.
According to DSC Attorneys partner Kirstie Haslam, personal injury claims arising from shopping centres and supermarkets are on the rise, with courts increasingly holding property owners accountable where reasonable safety measures were not taken.
“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 says.
Haslam cites the most common shopping centre hazards:
Slip, trip and fall incidents remain the most frequent cause of injury. 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.
More serious and sometimes catastrophic, injuries arise from structural failures. Roof collapses during severe weather, falling ceiling panels, unsecured fixtures and broken glass panels have all been the subject of South African court cases.
Equipment failures are another major risk. Malfunctioning escalators or lifts, faulty automatic doors, damaged shopping trolleys and poorly maintained facilities can cause serious harm, particularly to children and elderly shoppers.
Falling objects, including heavy items from high shelves or unstable displays, are also a recurring danger. While fires and explosions are less common, incidents involving gas explosions, electrical fires and inadequate fire safety measures have led to severe injuries and high-value claims.
What the law expects from shopping centres
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 explains. “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 adds.
Recent court decisions reinforce accountability
South African courts have repeatedly clarified how these principles apply in practice.
In Williams v Pick n Pay Retailers (2023), a shopper slipped on a spillage near a supermarket aisle. The court found the retailer liable after it failed to demonstrate 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 without any warning signage. Arguments blaming 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 accepted that the surface was dangerously slippery and 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.
Disclaimers don’t guarantee protection
Many 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.
What to do if you’re injured
If an injury occurs, medical attention comes first. Beyond that, Haslam says practical steps can significantly strengthen a potential claim: 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,” she cautions.
Why claims matter
Even seemingly minor injuries can lead to mounting medical costs, rehabilitation, 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 should not have to absorb the financial and physical consequences alone.”
For more information visit: www.dsclaw.co.za.