A Hammanskraal, north of Pretoria, woman succeeded in her damages claim against local supermarket Big Save, after a timber plank fell on her foot while she was shopping, leading to her suffering injuries.

Mmampelege Matlou, 69, turned to the Gauteng High Court, Pretoria, where she claimed R1 million in damages against the owners of the supermarket (defendant), as she attributed the incident to their negligence.

The defendant denied liability and argued that an unknown fellow shopper bumped the piece of timber or plank, causing it to fall.

It further argued that two disclaimer notices displayed by the entrance to the premises or store warned those entering that they do so at their own risk.

Matlou testified that on the afternoon of February 6, 2019, she went to do her usual shopping at Big Save. She was walking along the aisles when a piece of wood or a plank fell on top of her foot. She did not see anyone touch the timber.

As her foot was severely injured, she was sitting on the floor, and one of the workers came to her aid. According to her, he grabbed her foot and did what she described as an up-and-down movement with it.

Matlou testified that the plank was upright in position before the incident, and she saw a man walking past it, but she cannot say whether he had bumped into the plank, which may have caused it to fall.

She was adamant that she was concentrating on her shopping at the time and did not notice what was happening around her.

Counsel acting for the store then produced a video which was played in court, depicting the incident.

Matlou then confirmed that she did see someone bumping into the plank prior to it falling on her. She also confirmed that the unknown shopper placed the plank back where it originally was.

In being confronted by the defence counsel about the two big disclaimer notices at the entrance to the shop, Matlou once again said she was focused on her shopping and did not notice them.

She also disagreed with the suggestion that she was the author of her own misfortune, as she did not properly look where she was walking.

Acting Judge Khashane Manamela commented that it is visible on the video that a shopper did put the plank back in place after it fell.

But, she said, the shop failed to reasonably take the necessary action of making sure the plank was out of harm’s way in the first place..

The judge also commented that even if the disclaimer notices were seen by Matlou, they would have no bearing on the incident in question.

“One cannot expect to be hit by a piece of timber or a plank in a grocery store, only perhaps in a hardware store. 

“It would not be fair and just or even comport with public policy, let alone the norms and values of the Constitution, to expect a shopper in the position of the plaintiff to expect to be hit by a plank in the defendant’s store,” the judge said.

She concluded that the defendant was 100% liable for the damages which Matlou had suffered. The amount of damages will be determined at a later stage.

zelda.venter@inl.co.za

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