Avonmore Supermarket CC v Venter

The respondent, Ms Christina Venter, slipped and fell on a damp floor while shopping at the appellant’s supermarket on 30 June 2006 and sustained bodily injuries. The dampness resulted from routine mopping undertaken during trading hours. Although a warning sign indicating a wet floor existed, it was positioned beyond the point where she fell. Venter sued the supermarket for damages, alleging negligence in failing to ensure the floor was safe and to provide adequate warning. The appellant denied negligence and contended that cleaning was performed by an independent contractor, DBU Cleaning Services CC.

The appeal was dismissed with costs. The order of the High Court was amended to declare that the appellant is liable for such damages as may be agreed upon or proved arising from the incident.

The case reinforces the duty of care owed by shop owners to customers and clarifies that routine cleaning operations conducted during trading hours must be managed to avoid creating hazards. It confirms that a store owner cannot escape liability without proving a valid independent contractor defence and underscores proper warning and supervision standards in occupiers’ liability cases.