Do Disclaimer Notices Protect Businesses? Lessons from Morrison v McDonald’s SA

The slippery slope of disclaimer notices

Let’s talk about the big-mac-daddy of legal questions: Can a disclaimer notice save a company from liability when a customer takes an unexpected slip (…and not the type you get at the till)? This was recently tested in Morrison v MSA Devco (Pty) Ltd t/a McDonald’s South Africa.

From Happy Meal to Not-So-Happy Customer

The Plaintiff had a work meeting at a McDonald’s in Milnerton, Western Cape. But instead of leaving with a happy meal, she left unhappy—after slipping on a freshly mopped floor.

Golden Arches vs Golden Questions

Could McDonald’s escape liability because of a disclaimer on the front door? The Defendant said yes—the Plaintiff said she never saw it. The court grilled the Defendant on whether they took reasonable steps to keep customers safe. And much like a McDonald’s ice cream machine, legal protections don’t always work when you need them most.

While the Defendant claimed it had done all it could, the Plaintiff’s evidence showed some ingredients were missing from their safety protocol.

The McVerdict?

The court ruled in “flavour” of the Plaintiff. A disclaimer notice doesn’t override the legal duty to take reasonable steps to prevent harm. A sign alone isn’t enough—proactive safety is essential.

What This Means for Businesses

• Just like a good order – it’s all in the details: A valid disclaimer must be prominently displayed, easy to read, and clearly worded. It cannot shield a business from liability for gross negligence, fraud, or wilful misconduct.
• A disclaimer is like a serviette—it helps, but it won’t clean up a big mess: Courts are moving toward a more balanced approach that prioritises proactive safety over blanket immunity.

So yes, get your disclaimer drafted. But also add essential ingredients like staff training, regular cleaning protocols, and clearly marked wet floors. Because if your defence lacks the secret sauce, your case may crumble faster than a soggy burger.

Case Reference

Full citation: Morrison v MSA Devco (Pty) Ltd (5229/2018) [2025] ZAWCHC 21 (30 January 2025)
https://lnkd.in/dgcSSetm

Disclaimer

The content in this article is a general analysis of recent case law and legislative developments and should not be construed as legal advice. References to trademarks, products, or brands are for commentary or illustrative purposes only.