Pick 'n Pay Retailers (Pty) Ltd v Williams and Another

Mrs Maria Williams slipped and fell on an oily or slippery substance on the floor of a Pick ’n Pay store at N1 City Mall, Cape Town, on 13 November 2017 while shopping. She sustained soft‑tissue injuries to her left hip and shoulder. Pick ’n Pay had contracted an independent cleaning contractor, Tradesoon 1020 (Pty) Ltd t/a Bluedot, to clean and maintain the store. Mrs Williams alleged that Pick ’n Pay failed to keep the premises reasonably safe. The High Court held Pick ’n Pay delictually liable for her damages and granted a declarator that Bluedot must indemnify Pick ’n Pay. Pick ’n Pay’s applications for leave to appeal were dismissed by both the High Court and the Supreme Court of Appeal, leading to an application for reconsideration under s 17(2)(f) of the Superior Courts Act.

The application for reconsideration in terms of s 17(2)(f) of the Superior Courts Act 10 of 2013 was dismissed with costs.

The case reaffirms South African premises‑liability principles, confirming that retail store owners owe a continuing duty of care to customers and cannot avoid delictual liability merely by outsourcing cleaning functions to independent contractors. It also clarifies the limited scope of reconsideration applications under s 17(2)(f) of the Superior Courts Act.