A nearly decade-long legal fight over a slip-and-fall incident inside a Cape Town Pick n Pay store has reached its final stop, after the Supreme Court of Appeal (SCA) dismissed the retailer’s last attempt to challenge liability, with costs, Cape {town}Etc reports.
The ruling brings closure to the merits phase of a personal injury case brought by Maria Williams, widow of the late Springbok rugby legend Chester Williams, following an accident at a Pick n Pay store in 2017. With all avenues of appeal now exhausted, the matter shifts to the final calculation and settlement of damages.
The SCA confirmed that Pick n Pay failed to meet its duty to provide reasonably safe premises for customers.
While the retailer was found negligent, the court also affirmed that its contracted cleaning company, Bluedot, remains contractually bound to indemnify Pick n Pay for any damages ultimately awarded.
The path to finality has been unusually long. After Williams succeeded in the Western Cape High Court in September 2023, Pick n Pay pursued a series of legal challenges, from petitions to the SCA to a reconsideration bid under section 17(2)(f) of the Superior Courts Act.
In dismissing the final application, the SCA found no exceptional circumstances, no reasonable prospects of success, and no risk of injustice should leave to appeal be refused.
The court also ordered costs against Pick n Pay, effectively closing the door on further litigation over liability.
Attorney Anthony Batchelor of A Batchelor & Associates, who represents Maria Williams, says the judgment marks a decisive turning point.
‘This closes the door on the merits of the case,’ says Batchelor. ‘The matter now moves to the quantum phase, where damages will be finalised. Based on current medical assessments, the claim is expected to be in the region of R500,000, largely relating to ongoing and future medical treatment.’
Batchelor adds that Bluedot had waited for the appeal process to conclude before engaging, but discussions are now expected to begin to avoid another court battle.
‘Our intention is to resolve this efficiently and proportionately,’ he adds. ‘This was never a case about inflated damages, it’s about accountability and fair compensation.’
Despite not carrying the final financial burden, Pick n Pay continued to pursue appeals, citing reputational concerns.
Legal observers note that the SCA’s stance reinforces a long-standing principle in South African law: a store owner’s duty to the public cannot be delegated away.
As Batchelor puts it: ‘The courts have now made it clear that outsourcing operational functions does not absolve retailers of their duty to customers.’
The judgment is expected to be closely watched by legal practitioners and businesses alike, particularly those operating in high-footfall public spaces.
For Maria Williams, the ruling brings relief after years of uncertainty.
‘This has been a long and emotionally draining process,’ she says. ‘I’m relieved that the court has finally brought certainty and that I can now focus on my recovery and moving forward.’
She hopes the outcome sends a broader signal that everyday consumers should not have to endure prolonged legal battles simply to have responsibility acknowledged.
With liability settled, the parties will now exchange updated medical reports and attempt to reach agreement on the quantum of damages.
If talks fail, the case will proceed to trial on quantum alone, the final chapter in a dispute that has already spanned multiple courts.
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