Stellenbosch restaurant not liable for patron's slip and fall injuries

A restaurant patron’s damages claim arising from a trip and fall has failed in the Western Cape High Court.

The woman who tripped and fell while leaving the Stellenbosch restaurant following a work-related year-end function argued that the establishment was liable for the injuries she suffered when she fell on a dark pathway.

At the time of the incident, the restaurant had been leasing a portion of the establishment from Hidden Valley Wines, situated on the Hidden Valley Estate.

She suffered injuries as a result of that fall which was described as a right ankle trimalleolar fracture - a dislocation involving the articular surface of the ankle joint.

The woman fell while walking to her and her husband’s parked vehicle in the parking area; however, it was established that she had entered the establishment via an entrance used for the wine tasting venue instead of the demarcated entrance for the restaurant venue.

The woman complained that the defendants failed to make the walkway safe for use, together with the curved steps, because of a lack of illumination and the absence of a handrail, which created a hidden trap.

In court proceedings, under cross-examination, it was conceded that the woman, despite having previously visited the same venue, overlooked the signboards guiding her to the designated entrance to the restaurant.

“It is this court’s view, therefore, that the testimony of the expert witnesses was thus unhelpful, especially when compared against direct evidence of the witnesses, the plaintiff, and her husband in assisting this court to understand why the plaintiff and her husband elected to ignore the signboards directing them to the correct parking area. 

“It is quite evident that if the plaintiff and her husband had followed the road signs or signboards correctly, they would have avoided the incident leading to the plaintiff’s fracture, as the correct entrance had no stairs from the parking,” court documents read.

The private company further averred that when entering and leaving premises on the pathway where the alleged incident occurred, there was a disclaimer of liability signboard. 

The signboard read: “This is a working farm and inherent risks exist on this property. All persons entering these premises do so entirely at their own risk. The owner, employees, agents, representatives, and management of these premises shall not be liable for any damage, loss, theft, injury, accident, or death suffered by any person howsoever caused.”

Due to this, the landlord was entitled to assume that the woman, walking past the disclaimer notice and continuing further, assented to the terms of the disclaimer notice. 

Cape Times