The Supreme Court of Appeal (SCA) has dismissed Pick n Pay’s final bid to escape liability in a slip-and-fall case involving Maria Williams, the widow of late Springbok rugby star Chester Williams. The decision confirms that retailers remain responsible for customer safety, even when cleaning services are outsourced.

The ruling relates to an incident at Pick n Pay’s N1 City Mall store in Goodwood, Cape Town, in November 2017. Williams was shopping with her sister when she slipped while walking through an aisle after briefly leaving the checkout area to fetch a forgotten item. After falling, she noticed an oily, orange-coloured substance on her shoe and later required treatment for injuries to her hip and shoulder.

Although Pick n Pay initially undertook to cover her medical expenses, it failed to do so, leading Williams to sue for medical costs, loss of income, and general damages. In September 2023, the Western Cape High Court found that the retailer had not taken reasonable steps to keep the store safe and held it fully liable for proven damages, while allowing it to seek indemnity from its cleaning contractor, Bluedot.

Pick n Pay’s attempts to appeal were repeatedly rejected. After both the High Court and the SCA refused leave to appeal, the retailer applied for reconsideration under a rarely used provision of the Superior Courts Act, arguing that a failure of justice would otherwise occur.

In a unanimous decision, three retired judges dismissed the application, stating that the provision was not meant to give litigants repeated opportunities to reopen settled matters. The court found no exceptional circumstances and held that Pick n Pay was merely rearguing issues already decided.

On substance, the SCA reaffirmed that store owners have a duty to ensure reasonably safe premises. It ruled that Pick n Pay could not shift responsibility by relying on a cleaning contractor, particularly where evidence showed inadequate supervision, poor monitoring of cleaning activities, and no staff presence in the aisle at the time of the fall. The application was dismissed with costs, leaving Pick n Pay liable for the damages Williams can prove.

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