01/06/2026
She Fell Out of a Safari Vehicle: When Disclaimers Fail
Read more:https://www.cskp.co.za/she-fell-out-of-a-safari-vehicle-when-disclaimers-fail
You have almost certainly signed a disclaimer at some point. A waiver before a trail run, an indemnity form before a bungee jump, a clause buried in a brochure. Businesses rely on these documents to limit their exposure when things go wrong. A 2026 Supreme Court of Appeal judgment is a sharp reminder that a disclaimer is only as good as the process behind it, and that courts will not lightly allow a company to escape liability on the strength of fine print that was never properly agreed to.