Tracy-Lynn Ruiters|Published
A 73-year-old Cape Town woman is demanding more than R415,000 in damages from Pick n Pay after allegedly suffering debilitating injuries when a plastic crate fell onto her head while shopping at the retailer's N1 City Mall branch in Goodwood.
Gloria Brown, represented by Trudie Broekmann Attorneys, claims the incident has left her battling chronic pain, restricted mobility and psychological distress nearly three years later.
Shopper alleges crate fell on her at N1 City store
Pick n Pay has confirmed the incident occurred in 2023, but said its insurers are independently assessing the validity of her claim.
On 28 October 2023, Brown was shopping in the frozen food aisle when she bent forward to remove chicken from a freezer.
According to her attorneys, a yellow plastic crate, stacked on top of several others on a flat trolley, fell and struck her head.
The employee unpacking chicken allegedly dislodged the crate before fleeing without warning Brown or offering assistance.
Brown says injuries have affected her daily life
Medical assessments obtained by Brown's attorneys indicate that she sustained a cervical soft tissue injury, muscular spasms, persistent headaches and long-term neck and muscular pain.
Her condition has reportedly affected her ability to perform everyday activities, including household chores, walking longer distances and sitting comfortably.
Brown experiences moderate to severe pain every two to four days and reportedly struggles to walk more than 200 metres.
A counsellor who assessed her found that tasks she previously performed independently, including washing clothes, changing bedding and cleaning, now require additional effort or assistance.
Consumer law specialist Trudie Broekmann, who represents Brown, said chronic pain can have devastating psychological consequences, particularly when sufferers feel misunderstood or isolated.
“The psychological impact of such pain is actually worse, because others often don’t understand that pain is always a brain-generated experience and so the sufferer can unreasonably feel guilty or isolated. Treatment that focuses on our fear responses in the brain, for example, is consequently necessary in order to resolve chronic pain.”
She explained that chronic pain does not necessarily indicate ongoing tissue damage and that treatment addressing psychological responses may be necessary.
Claim includes more than R415,000 in damages
Brown's attorneys submitted a letter of demand to Pick n Pay on 30 September 2026, seeking R392,959.16 in damages.
A second demand on 1 October added R22,400, bringing the total claim to R415,359.16.
Brown is also seeking reimbursement for pain medication expenses.
According to Broekmann, Brown was previously offered R22,000 as full and final settlement, with the offer reportedly subject to further medico-legal evidence before reconsideration.
Broekmann criticised delays in resolving the matter, warning that the claim could prescribe unless legal proceedings are instituted, potentially increasing legal costs.
She argued that Pick n Pay failed to ensure crates were safely stacked and secured in an area accessible to customers.
Broekmann further contended that sections 58 and 61 of the Consumer Protection Act could establish liability for damages resulting from the incident.
Pick n Pay says insurers are assessing the claim
Responding to questions from the Cape Argus, Pick n Pay maintained that customer safety remained a priority.
"We take all incidents in our stores seriously and are committed to maintaining a safe environment for our customers and employees. The incident in question occurred in 2023. The customer has only recently pursued the matter.
"Our Insurers are independently assessing the validity of the claim, and will continue to engage with Mrs Brown or her representatives in line with our established processes and protocols."
The allegations follow a previous legal battle involving Maria Williams, widow of Springbok rugby legend Chester Williams, who slipped and fell at the same store in November 2017.
In September 2023, the Western Cape High Court ruled in Williams' favour.
The Supreme Court of Appeal subsequently left the retailer's liability ruling intact in 2026, reinforcing that outsourcing cleaning services did not absolve Pick n Pay of its duty of care towards customers.
While the Williams case involved a slipping hazard, Brown's allegations raise separate questions about stock handling and customer safety. No finding of liability has been made in Brown's case.