Owners of public facilities such as shopping centres make use of disclaimer notices and exemption clauses to limit or exclude their liability towards third parties. The influence of changing public sentiment upon recent legislation in South Africa which regulates exclusionary clauses is investigated, as is what role considerations such as fairness and reasonableness play in court decisions when the scope and validity of these clauses are adjudicated. Constitutional and legal principles which have crystallised from court decisions were used as a guide during interviews with the facility managers of eight large shopping centres in Pretoria. Facility managers and owners are well aware that exclusionary clauses do not guarantee indemnification against claims for damage or loss sustained by third parties; and also that courts will scrutinize the safety measures employed in shopping centres when they adjudicate the scope and/or validity of clauses or notices which curtail the rights of third parties. Although the sample size is limited, the facility managers interviewed represent a number of the largest property managing companies in the country. It can therefore be assumed that similar measures prevail in most of the large shopping centres countrywide. Knowledge of the law and non-negligence can limit the liability of facility owners for injuries or loss sustained by third parties.

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