Tracy-Lynn Ruiters|Published
A Cape Town pensioner says a shopping trip to Pick n Pay’s N1 City Mall store left her struggling with persistent pain and everyday tasks after a plastic crate allegedly fell on her head nearly three years ago.
Gloria Brown, 73, is seeking R415,359.16 in damages from the retailer, alleging that the incident on October 28, 2023, caused lasting physical injuries and psychological distress, the Cape Argus reported. She is represented by Trudie Broekmann Attorneys.
Pick n Pay has confirmed that the incident took place in 2023. The retailer says its insurers are independently assessing the validity of Brown’s claim.
Brown was 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 on the head.
The employee unpacking chicken allegedly dislodged the crate before leaving without warning Brown or offering assistance.
Shopper 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 carry out routine tasks, walk longer distances and sit 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 activities she previously managed independently, including washing clothes, changing bedding and cleaning, now require greater effort or assistance.
Consumer law specialist Trudie Broekmann, who represents Brown, said chronic pain could have serious psychological consequences, particularly when sufferers felt 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.”
Broekmann explained that chronic pain does not necessarily mean tissue damage is ongoing, and that treatment addressing psychological responses may be necessary.
What the damages are for
Brown’s attorneys sent Pick n Pay a letter of demand on 30 September 2026, seeking R392,959.16 in damages.
A second demand, submitted on 1 October, added R22,400, bringing the total to R415,359.16.
Brown is also seeking reimbursement for pain medication expenses.
According to Broekmann, Brown was previously offered R22,000 in full and final settlement. The offer was reportedly subject to further medico-legal evidence before it could be reconsidered.
Broekmann criticised delays in resolving the dispute, warning that the claim could prescribe unless legal proceedings were instituted, potentially increasing legal costs.
She argued that Pick n Pay had failed to ensure that 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 arising from the incident.
Pick n Pay responds
In response to questions from the Cape Argus, Pick n Pay said 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 claim follows an earlier legal dispute involving Maria Williams, the widow of former Springbok rugby star 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 the principle that outsourcing cleaning services did not absolve Pick n Pay of its duty of care towards customers.
While the Williams case concerned 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.
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