04/07/2025
DISCLAIMER SIGNS IN SLIP-AND-FALL LIABILITY
The Purpose and Limitations of Disclaimer Signs
Businesses commonly use disclaimer signs to limit liability in the event of incidents such as slip-and-fall accidents. However, these signs do not offer absolute protection. If an injury is caused by gross negligence or arises from an unreasonable or hazardous condition, the presence of a disclaimer sign will not exempt the business from legal responsibility.
For instance, if a business ignores a clearly defective floor surface or fails to address a known roof leak that causes a slippery area, it may still be held liable despite having posted a disclaimer.
Legal Considerations:
In South Africa, liability in such cases is assessed under delict law. To succeed in a claim, the injured party must prove the following:
1. The business owner owed them a duty of care.
2. The duty was breached.
3. The breach caused injury.
4. There was negligence.
5. Causation showing that the negligent act (or omission) caused the injury.
6. Quantify the Loss.
In the recently decided case between Pieterse v FLM SA (2024), the claimant, Pieterse, sought damages after tripping on an uneven section of a passageway located outside a retail store. Pieterse argued that the store’s disclaimer sign was invalid, alleging that the business had failed in its duty to maintain a safe environment for patrons.
However, the High Court ruled in favour of the defendant (FLM SA), noting the following key points:
• The paving in question was deemed to be in "fair" condition, with no evidence of a hazardous defect.
• The onus of proof rests with the claimant in establishing negligence.
• The court reaffirmed that members of the public are expected to exercise reasonable care for their own safety when navigating public spaces.
Who May Be Liable?
Liability in slip-and-fall cases can be complex, especially in shared commercial spaces. In some cases, responsibility may extend beyond the business owner to:
• Managers & Employers → Held vicariously liable for employees’ actions.
• Landlords or Property Management Companies → Liable for hazards in common areas.
Risk Management: Beyond Disclaimer Signs
To minimise liability risks, businesses should adopt a proactive approach rather than relying solely on disclaimer notices. Key risk mitigation strategies include:
• Staff Training – Ensure employees understand health and safety protocols.
• Security & Surveillance – Install cameras to provide objective evidence in case of claims.
• Routine Maintenance – Regularly inspect and repair flooring, lighting, and other infrastructure.
• Proper Signage & Equipment – Ensure employees have the right tools to maintain a safe environment.
• Independent Safety Assessments – Engage an Occupational Health and Safety officer to identify blind spots in your premises.
From ONE. www.one.za.com
