Litigation: Woman's bid to sue McDonald's falls flat

A Gauteng woman, who slipped and fell at a McDonald's at the Wingtip Crossing Shopping Centre in Montana, Pretoria, has lost a bid to hold the restaurant liable, notes a News24 report. In June 2019, Mandie Lombard told the Gauteng High Court (Pretoria) she slipped on the tiled exit ramp. She could not recall whether she saw the disclaimer notice, which indicated patrons entered the premises, its surrounding areas, and facilities at their own risk. But when she was referred to the disclaimer notice, she testified that the wording was unclear, and it wasn't clear that the disclaimer covered the area where the incident occurred. While the restaurant admitted that Lombard fell on the ramp at the entrance, it denied her claim that the carpet was wet.

The court heard testimony from a McDonald's employee, who had cleaned the restaurant on that day. She testified to cleaning a ‘sticky spot’ of the rubber carpet with a damp mop but pointed out ‘the sticky spot was on the opposite side to where the plaintiff fell’, read the judgment. She waited approximately five minutes, checked that that spot was dry, and checked the rest of the carpet and the tiled ramp for any other concerns, such as spillages. Once satisfied that the sticky spot she cleaned was dry, she removed the ‘wet floor’ sign and went back into the restaurant, notes the News24 report. Acting Judge Livhuwani Vuma accepted the employee's evidence that the entire ramp area was dry. ‘I am equally satisfied that the plaintiff's evidence is, on probabilities, neither accurate nor true. In my view, such over-generalization about the unsubstantiated entire condition of the ramp should be guarded against and, therefore, stand to be rejected.’ Vuma dismissed the case with costs after saying: 'I am satisfied that the restaurant has established that the disclaimer notice, which I find to be applicable and enforceable, absolves it of liability.'