The Western Cape High Court in Cape Town has held the parties responsible for managing and cleaning N1 City Mall liable for the full damages suffered by a woman who slipped on what appeared to be melted ice cream in a passageway at the shopping centre.
The incident happened on 1 May 2014, when Esther Marilyn Louw was shopping at the mall in Goodwood. She allegedly stepped into a pink-and-white substance, which she described as melted ice cream, and fell, sustaining injuries to her neck and back.
Louw instituted legal proceedings against the mall’s owners, its managing agent, Broll Property Group, and the cleaning contractor, Bidvest, arguing that they had failed to ensure that the shopping centre’s floors were kept clean and safe for members of the public.
The initial court proceedings found the mall’s owners and Broll liable for her damages but apportioned 20% of the responsibility to Louw, reducing their liability to 80%.
However, in a judgment handed down on 28 October 2026, the High Court appeal court ruled that the responsible parties should be held liable for 100% of the damages she suffered.
The ruling places responsibility on those tasked with managing and maintaining public areas of the shopping centre to take reasonable steps to ensure that the premises are safe for visitors.
The amount of compensation payable will be determined in accordance with the damages established by the claimant.
