Customer sues Woolworths for R7.1m after nasty fall in store
A Centurion woman is claiming R7.1million in damages from retailer Woolworths after she stumbled and fell over a packing crate in an aisle while shopping. Ellen Matlhowana said in papers before the Gauteng High Court, Pretoria, that she had suffered a fracture of her kneecap as well as soft tissue injuries to her left knee.
Woolworths denied any negligence on their part and said in its defence, that if Matlhowana was injured at all, it was due to her own negligence as she did not look where she was going.
The retailer, however, agreed to pay 85% of the damages which Matlhowana could prove that she had suffered as a result of the incident.
The 49-year-old self-employed woman stated that she went shopping on March 31, 2014, at Woolworths at San Ridge Square in Midrand.
While walking around the shop, she tripped and stumbled over the crate, which she said was left unattended by an employee packing shelf.
She blamed Woolworths for the incident and said her fall was due to the negligence of its employees.
According to Matlhowana, the packing crate should not have been left in the aisle as it posed a danger to shoppers.
She said Woolworths had a duty to ensure the safety of its shoppers.
Matlhowana also claimed that she had suffered trauma, stress, and shock as a result of the fall.
She said following her injuries, she was hospitalized at (Netcare) Waterfall City Hospital.
According to Matlhowana, she suffered from severe pain and was receiving ongoing treatment, and she is still suffering discomfort and pain six years later.
Her claim included R4m for loss of earnings and loss of future earnings, R2m in general damages as well as R1m in estimated future medical expenses.
Woolworths denied that it owed an absolute duty to Matlhowana to prevent injury to her. It said that all reasonable procedures were in place to ensure safe shopping in its stores.
Woolworths also denied that an unpacked crate had been left in an aisle.
Lawyers acting for Woolworths earlier made a proposal to Matlhowana to settle the matter, but she did not accept the offer.
If the matter cannot be settled, the parties will at a later stage return to court to hear the evidence of experts regarding Matlhowana’s injuries.
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Source: Pretoria News, IOL
