After nearly a decade of legal wrangling, Pick n Pay has lost its final attempt to avoid liability in a long-running slip-and-fall case brought by Maria Williams, widow of late Springbok rugby star Chester Williams.
The Supreme Court of Appeal (SCA) dismissed the retailer’s last challenge, effectively closing the merits phase and moving the matter closer to a resolution.
The case dates back to 2017, when Maria Williams fell inside a Pick n Pay store in Cape Town, leading to a prolonged legal battle over who was responsible for the accident.
Court Rules Against Pick n Pay
In its ruling, the SCA confirmed that Pick n Pay had failed in its duty to ensure reasonably safe premises for customers.
The court also emphasized that the retailer’s contracted cleaning company, Bluedot, remains obligated to indemnify Pick n Pay for any damages awarded.
The dismissal came with costs, signaling the court’s firm stance on the matter and putting an end to Pick n Pay’s series of appeals and petitions, including an application for reconsideration under the Superior Courts Act.
The Long Road to Justice
Maria Williams first succeeded in the Western Cape High Court in September 2023.
Pick n Pay then pursued several appeals, hoping to overturn or limit its liability.
However, the SCA found no exceptional circumstances, no reasonable prospects of success, and no risk of injustice in refusing leave to appeal.
With all legal avenues exhausted, the focus now shifts to the quantum phase, where the exact amount of damages will be determined.
Damages Expected Around R500,000
Maria Williams’s attorney, Anthony Batchelor, has indicated that the damages claim is likely to be in the region of R500,000, primarily to cover ongoing and future medical treatment.
Legal experts note that this judgment reinforces an important principle in South African law: retailers cannot delegate their duty of care to third-party service providers.
Even when cleaning or maintenance is outsourced, store owners remain responsible for the safety of their customers.
Implications for Retailers
The ruling is expected to resonate across the retail sector, particularly for businesses operating in high-traffic environments.
It underscores that customer safety is non-negotiable and that negligence—regardless of contracted services—can carry significant legal consequences.
For many, the case is a reminder that proper maintenance, regular checks, and a proactive approach to safety are essential to avoid similar legal disputes.
Moving Forward for Maria Williams
For Maria Williams, the SCA’s decision brings a sense of closure after years of uncertainty.
The next steps involve exchanging updated medical reports and negotiating the quantum of damages.
If no agreement is reached, the case will proceed to a trial solely to determine the compensation amount.
Remembering Chester Williams
Chester Williams, who passed away in 2019 at the age of 49, was a celebrated Springbok rugby player, making 27 Test appearances between 1993 and 2000.
He played a pivotal role in South Africa’s 1995 Rugby World Cup victory, scoring 14 tries for the national team.
His widow’s fight for justice following the slip-and-fall incident not only concludes a long legal saga but also highlights the broader responsibilities retailers carry toward the public.
What This Means for the Public
The case stands as a landmark reminder: accidents in stores are taken seriously, and companies must ensure safe environments.
While Maria Williams seeks closure and compensation, the retail industry is being reminded that delegating responsibility does not absolve them of accountability.
With the merits phase concluded, all eyes now turn to the quantum phase, where the outcome will finally settle the matter financially and offer a measure of justice to the Williams family.
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