- A Hammanskraal shopper successfully sued Big Save after sustaining injuries from a slip-and-fall incident at the retailer's store.
- The court found Big Save liable for failing to maintain safe premises, resulting in damages awarded to the shopper.
- The ruling highlights the responsibility of retailers to ensure customer safety and could set a precedent for similar liability cases.
When 69-year-old Mmampelege Johanna Matlou entered Big Save in Hammanskraal on a February afternoon in 2019, she expected a simple grocery trip. Instead, a timber plank fell on her foot, leading to a six-year legal battle that concluded with the Pretoria High Court holding the supermarket chain fully responsible for her injuries.
Acting Judge Khashane Manamela delivered the judgment on 22 September 2025. He found that Big Save failed in its duty to keep customers safe by not securing or removing the dangerous plank. The court rejected the store’s claims that an unknown shopper caused the accident and that the displayed disclaimer notices protected it from responsibility.
Matlou told the court she had no reason to expect falling timber in a grocery store and could not have avoided the incident. Video footage showed that a fellow shopper bumped into the plank, causing it to fall. However, Judge Manamela stated that Big Save still held responsibility. The plank should never have been placed in a way that posed a risk to customers.
“The defendant cannot invite shoppers, such as the plaintiff, and reasonably expect them to shop without being entitled to safety from falling planks,” the judgment stated. The court found that disclaimer notices did not remove the store’s liability, especially where negligence was proven and the danger was unexpected in a grocery setting.
Big Save also claimed that Matlou exaggerated her injuries, citing inconsistencies in her medical reports. The judge ruled that such disagreements pertain to the amount of damages, which will be decided later. For now, the company has been found entirely liable and must cover Matlou’s legal costs.
Conviction.co.za
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
