Schol Property and Consulting v Kawshlia Gajjar

The appellant, Schol Property and Consulting, owns Sunridge Village shopping mall in Gqeberha. The respondent, Ms Kawshlia Gajjar, visited the mall on 9 April 2021 with her daughter. While walking along a partially covered pedestrian walkway inside the mall, she tripped and fell on an uneven floor surface caused by a raised curb between two differently coloured paving sections. A white line was painted along the edge of the elevation. Ms Gajjar sustained a shoulder injury requiring surgery. She instituted a delictual claim for damages, alleging negligent failure by the mall owner to maintain the premises and adequately warn patrons of the hazard. The trial court separated merits and quantum, found the appellant negligent, and held it liable. The appellant appealed against the finding on liability.

The appeal was dismissed. The appellant was ordered to pay the respondent’s costs on scale B, including the costs of the application for leave to appeal.

The case reaffirms principles of occupiers’ liability and negligence in South African delict law, particularly in the context of shopping malls and public walkways. It underscores that property owners must take reasonable and effective steps to warn patrons of foreseeable hazards, and that minimal or ambiguous measures may be insufficient. The judgment also provides a detailed restatement of the role and limitations of expert evidence and emphasises that expert opinions must be grounded in proven facts.