The Western Cape High Court has ruled in favor of Gail Patricia Morrison, a Cape Town woman who sustained serious injuries after a fall at a McDonald’s franchise in Milnerton, owned by MSA Devco (Pty) Ltd.
In February 2017, Morrison visited the restaurant with Peter Mervyn Winspear to discuss work-related matters when she unexpectedly slipped on a wet section of the dining area floor. She was rushed to Milnerton Medi-Clinic, where she underwent surgery on her right ankle and left knee.
Morrison filed a lawsuit against the fast-food chain, claiming the restaurant failed to protect its patrons adequately. She argued that the establishment neglected to ensure the floor was dry and safe, failed to place warning signs indicating wet conditions, and did not cordon off the hazardous area.
In her testimony, Morrison stated that she saw no yellow warning signs and was wearing non-slip sandals while walking at a normal pace when the fall occurred. Winspear supported her claims, mentioning that he saw a staff member holding a mop but noticed no warning signs on the floor. He also shared that the staff member, the only witness to the fall, apologized immediately.
The restaurant, in its defense, suggested that Morrison may have been negligent, arguing that she should have been more aware of her surroundings and adjusted her pace accordingly. Testimonies from three employees, Sandy Snyman, Mbuyiseli Duna, and Phumza Gcayiya, attempted to counter Morrison’s claims.
Snyman, a manager at another branch, testified that she saw a wet floor notice near the McCafé Coffee Bar upon her arrival at the Milnerton restaurant. Duna claimed there were two wet floor signs, one near Morrison’s seat and another close to the entrance. However, Gcayiya, the shift manager, contradicted these accounts, stating no wet floor notices were present in the area where Morrison fell.
Judge Pearl Deidré Andrews noted that the most critical witness, “the lady with the mop,” was not called to testify, which weakened the restaurant’s defense. “I am not persuaded that the defendant (MSA Devco) took reasonable steps to prevent the incident from occurring,” Judge Andrews stated.
The court ordered MSA Devco to compensate Morrison for her injuries, although the trial to assess the exact damages has been postponed.
This case highlights the importance of proper safety measures in public spaces and the responsibility of businesses to protect their customers.
