Pick ’n Pay Retailers (Pty) Ltd v Pillay

The respondent, Ms Pillay, was struck on the head by an automated boom gate while walking to a parking area at a Pick ’n Pay shopping centre in Durban North on 10 December 2015. The boom gate controlled the exit of vehicles and operated automatically. It was situated adjacent to a route commonly used by pedestrians, including shoppers with trolleys. Ms Pillay did not notice the boom in its raised position and, while walking and conversing with a colleague, was struck when it descended. She sustained a concussion and cervical spine injuries with ongoing effects. A similar incident had occurred three months earlier, after which warning signage was ordered but not yet installed. At the time of Ms Pillay’s injury there were no warning signs or audible alerts. After her injury, Pick ’n Pay altered the boom’s operation and speed and decommissioned its automatic function at the exit.

The appeal was dismissed with costs. The order of the High Court stood, requiring Pick ’n Pay to pay 60% of the respondent’s proved or agreed damages.

This case reinforces South African delictual principles on negligence, particularly the application of the reasonable person standard in premises liability cases. It confirms that commercial property owners must actively guard against foreseeable risks to pedestrians, especially where automated mechanisms operate in shared pedestrian-vehicle spaces. The judgment illustrates that subsequent remedial measures and prior similar incidents may be relevant in assessing foreseeability and reasonable precautions.