Court dismisses R1m slip-and-fall claim
An elderly Alberton man, who claimed more than R1m in damages after slipping and falling outside a Makro store in December 2020, lost his claim in the Gauteng High Court (Johannesburg) because he failed to establish that hazardous conditions existed.
IoL reports that the court noted no expert evidence was presented to establish the slippery nature of the laminated papers, which the 72-year-old Johannes Martin Ehrke claimed led to his fall.
His injuries included a right hip fracture, soft-tissue injuries to his back and right hip, and an injury to his right thumb.
He visited the store to buy paint while Covid-19 restrictions were in place.
The retailer disputed how the accident happened.
At the time, the pandemic restrictions required customers to follow designated routes as tape, signage and staff controlled movements.
The court noted that Ehrke did not look down as he walked through an area not intended for customers under the temporary arrangements.
In slip-and-fall cases, the plaintiff must first establish the existence of the hazard before the question of whether the retailer knew, or ought to have known, arises.
Ehrke had not discharged that burden, according to the court.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
