News24

Mom awarded damages from Shoprite

2012-02-02 11:52

Port Elizabeth - An Eastern Cape woman was awarded R100 000 from Shoprite Checkers after a box of frozen vegetables fell on her, the Daily Dispatch reported on Thursday.

The Eastern Cape High Court in Port Elizabeth made the award in favour of 46-year-old Delene Minnie Adams, who had originally sued for R300 000. In June 2008 a tower of boxes containing frozen vegetables fell over in one of the aisles in Shoprite, Cleary Park, striking the Port Elizabeth mother on her right shoulder.

Adams alleged that Shoprite staff had acted negligently when they failed to pack the vegetables away or warn shoppers to be cautious around the stack of boxes.

Doctors testified that Adams had sustained bruised neck muscles, fibromyalgia (tenderness in the joints, muscles, tendons, and other soft tissue), reduced movement of her right shoulder and neck, and shoulder spasms and pain in her right shoulder.

The mother of three worked at a battery factory and therefore spent most of her day standing.

She could no longer carry heavy parcels or conduct some household activities.

The cost of future medical expenses and general damages were to be determined by the court.

Comments
  • Eugene - 2012-02-02 11:57

    Only R100 000?

      Glenn - 2012-02-02 12:57

      how much is enough? and what would we base this on?

      Pierre - 2012-02-02 13:14

      The article was unclear how bad the injuries was (mentioned "bruising"), but unfortunately it seems we are getting just a as bad as the Americans. Next thing somebody will get R1 million for spilling coffee over themselves.

      Pierre - 2012-02-02 13:21

      Ah, that was my problem in the past; I would stay away from an unsteady pile of boxes. Next time I see a pile of boxes I will go stand next to them in the hope they will fall over, so I can get some money.

      George - 2012-02-02 14:07

      Yes and now it's thor

      Shadho - 2012-02-02 14:18

      Eugene... it will be a lot more if she is advised correctly. Public Liability Law is there to protect anyone,no matter where or place. Obviously Shoprite could not prove she was negligent LOL with all their so called lawyers LOL... the Osh and other Regulations protect consumers in shops and anywhere else... soooo yessss good on her. Sad other ppl that comment here will trash her,through sheer jealousy. What will they do when it happens to them and family and I wish it does so we can all be informed with what they did about it,LOL

      Ashley - 2012-02-02 14:48

      Can i point out that in the last financial year Whitey Basson CEO of Shoprite/Checkers made a cool R62million salary..........right so WTF is this R100k, these people just pi$$ me off?

      yolie.Landa - 2012-02-02 15:12

      I wish they had fallen on me. I would be richer

      Jou - 2012-02-02 19:05

      Four years later. The South African justice system is like an asthmatic pensioner.

      brendonml - 2012-02-02 19:49

      haha Yola, thanks for the laugh! I also need a box of apples falling on my head!

      John - 2012-02-03 06:39

      @Pierre Dear Pierre, We can't become "bad" as Americans as per your words, but those Americans have standards like how many boxes can be stuck on top of each other irrespective of dimensions. I can go more extensive on this subject, but lets not make it off-topic. If we can adopt some "useful" standards in South Africa we might not go over problems as such.

  • inwardk - 2012-02-02 11:58

    Lucky woman saw her chance and exaggerated her "injuries".

      Manny - 2012-02-02 12:55

      Wouldnt u do the same. Shoprite has always seen us and exaggerated their prices....?

      Shistirrer - 2012-02-02 13:32

      Sounds like she's got a chip on her shoulder...

      Shadho - 2012-02-02 14:13

      hahaha you jealous huh... Public Liability law is Public Liability Law... learn it some time LOL

  • Murechen - 2012-02-02 12:07

    Good for her.

      Gungets - 2012-02-02 14:17

      Not really. They will get the money back from you and me in increased prices.

  • blackjew69 - 2012-02-02 12:08

    She should have aimed higher, but gain we are talking of stingy man BASON here! Am sure some people had to be laid off so that he can pay off this poor lady. ,

  • nikiwe.skele - 2012-02-02 12:08

    WTF, just R100 000!!!!!!!!

      stefan.vanderspuy - 2012-02-02 13:16

      Cost of future medical expenses and "general damages" (?) are still to be determined by the court.

  • VaMbozha - 2012-02-02 12:08

    Next time i visit a cars spare parts shop...i will make sure boxes of spares fall on me. That must be worth a million bucks....vegetables too cheap hey

      Mr Kcopah - 2012-02-02 12:32

      hope you dont die in the process

      Manny - 2012-02-02 12:57

      Spare parts could be a bit heavier than frozen veges

      Siya - 2012-02-02 13:34

      and there is a possibility that you die......and money will be used for a funeral.

      Shadho - 2012-02-02 14:10

      You jealous huh Vam, what would you do if it happened to you and or your family. Dont avoid and answer big mouth... what would you do?

  • Shirley - 2012-02-02 12:11

    What a cool story. Let this be a lesson to stores because now the story is out,there will be a lot of people trying their luck!

      Schalk - 2012-02-02 13:20

      They will just recoup the money by increasing prices. In the end the consumer will pay for this so be carefull what you wish for.

      Shadho - 2012-02-02 14:09

      hahahah you jealous huh Shirley. If it happened to you or your family what would you do?? Answer the question Shirley dont avoid it...what would you do?

  • louisa.vandermerwe - 2012-02-02 12:21

    sounds this woman is a chancer realy now

      Manny - 2012-02-02 12:57

      Couldn't she see the stack?

      wilana.olivier - 2012-02-02 22:31

      I would like to see you loose income because of fibromyalgia - people suffering with this dis-ease REALLY suffer! Go read about it, then you can make a informed comment and not spew nonsense. Fibromyalgia is a serious illness and plenty of people actually lose there jobs because they can not cope. Your medicine to keep this illness in controle (it cannot be cured) is about R1500 - R2300 a month depending on what meds the dr prescribe. Then consider that she will need numerious ops later if the illness progresses - I am talking knee/hip/elbow and shoulder replacement. This illness effects all your muscles and joints in the body, including the heart later on in a more progressed state. In her current working capacity how far will her salary strech do you think? I see, you don't!

  • Kyle - 2012-02-02 12:24

    "when they failed to pack the vegetables away or warn shoppers to be cautious around the stack of boxes" I always thought it was common sense to be cautious around anything stacked....

      Shadho - 2012-02-02 14:06

      ITS the law, Kyle, not Shoprites decision ^5s

      George - 2012-02-02 14:08

      No Kyle it was not stack it was vegies

  • Stan - 2012-02-02 12:24

    She nearly became a vegetable

      Tamandjaz - 2012-02-02 12:32

      LOL!!

      larisha.toffar - 2012-02-02 13:17

      He He He!!!! that's the best one... OMG! U just made my day :)

      stefan.vanderspuy - 2012-02-02 13:19

      Maybe she became a vegetarian instead?

  • Ali - 2012-02-02 12:25

    Bunch of crap, are we going to sue everyone now like in the states? Sometimes people cause accidents just to sue for a nice retirement.

      Diran - 2012-02-02 12:59

      And Why do you care. Not like a 100k means anything to the huge retailer. She should aimed higher

      larisha.toffar - 2012-02-02 13:23

      Retire?? with R100,000.00?? have u been to Shoprite recently? that's about a years groceries not even with 3 kids!! school stationary etc. I don't agree with her suing them because i don't know the whole story but she didn't pack the boxes there and they wouldn't have paid her out if it didn't happen according to her story.

  • Robsschele - 2012-02-02 12:28

    That's why there must be a safety officer or the manager must act as safety officer. Always assume that something can go wrong. And R100000 is nothing if you cannot work and you must still pay your bills. The shop must also be seen as a safe place to shop. Will you go and shop at a place where you stand a chance of being put in hospital. Amagine there was a 1 month old baby in a pram under that stack.

      larisha.toffar - 2012-02-02 13:24

      Imagine

      Shadho - 2012-02-02 14:05

      Saftey officer?? hahahahah!!! yeah right...knowledge of the Osh Act and similar,,,yeah right ,,,,they don't careeeee!

  • william - 2012-02-02 12:29

    You go girl, Take them to the cleaners.WHITY BASSON EARNS A FORTUNE EVERY MONTH. R100.000 IS FAR TO LITTLE. (GO FOR GOLD)

  • lynsey.rimbault - 2012-02-02 12:37

    how ridiculous...

      Bryan - 2012-02-02 12:57

      I agree Lynsey!

  • NrGx - 2012-02-02 12:42

    I had a container of salt fall on my foot in a grocery store the other day, does that mean I was a-salted??

  • Hoff.Lynn - 2012-02-02 12:43

    In the USA would have been much much more!! And they would have thrown in free groceries for a year.

  • Desire Sundire - 2012-02-02 12:44

    There r many ways of making money but some of us don't take our opportunities when they come

  • Adri - 2012-02-02 12:53

    I agree Inwardk!

  • Adri - 2012-02-02 12:55

    LOL! @NrgX Yes you were, you need to sue!

  • Bryan - 2012-02-02 12:56

    I wish a box of vegetables fell on me....

      david.lebethe - 2012-02-02 13:07

      It depends on who you are and what your {sur}name is.

  • brad.elliott1 - 2012-02-02 13:08

    Shame- looks like Whitey only get's to take home R2.2 mill today

      Shadho - 2012-02-02 14:02

      hahah a recent np article indicated he earned R600 million plus last year..lol

  • Leon - 2012-02-02 13:10

    That is what happens when you take the bottom box out. Your world comes tumbling down.

  • mashavha - 2012-02-02 13:13

    where is the nearest shoprite?lol

  • Pierre - 2012-02-02 13:15

    The article was unclear how bad the injuries was (mentioned "bruising"), but unfortunately it seems we are getting just a as bad as the Americans. Next thing somebody will get R1 million for spilling coffee over themselves.

      Shadho - 2012-02-02 14:01

      you a qualified medical practioner Pierre??? if not stfu!!

  • shayastaj - 2012-02-02 13:26

    For those with negative comments, I hope something like this never happens to you. The women may have been negligent, but the store is just as negligent. This was an accident - what if this was you or one of your loved ones. And this could have been worst for her and her family. Think before you make insensitive comments.

  • Barry - 2012-02-02 13:26

    I'm going to Mr Price home & get someone to push a pile of pillows on me and claim a million - we are ghetting as bad as the yanks

      Shadho - 2012-02-02 14:00

      you obviously work the the Shoprite Group or the insurers that lost this case... LOL

  • Shadho - 2012-02-02 13:55

    I too have a public liability claim against Shoprite Checkers for a serious fall cause by wet floors in a store.... off work etc for ages...hahah their insurers offered me squat and are contesting hahahah!!! We will see what the court offers, I can presume the Shoprite Insurers tried to do the same to her. Good on her for taking her case to court and keep suing them for medical expenses and out of pocket expenses Girl. They just wont learn that people are required to be to shop in a absolutely safe environment in stores as per the Osh Act and other Governmental regulations...watch this space!! I will never be scared off by Whitey and his cronies and he and they knows it,LOL!!

      Randomhero6661 - 2012-02-02 14:25

      are you a regulations expert now? if not stfu!

      Shadho - 2012-02-02 14:33

      I sure am oh big mouth net warrior hero very qualified LOL.... so suck it up...perhaps i,ll lodge a claim of R 3 million maybe more...mmmm LOL ,,,now no tears ok... learn the Osh Act and other Regulations, study study and then put mind into gear before opening big net warrior mouth or wasting your finger energy and being very silly. TY

      Randomhero6661 - 2012-02-03 14:19

      Imagine your disappointment when they give you a box of frozen veggies Read through the YFI act - *hint* it starts with You ....... ..... This is a forum no hard feelings china.

  • Preshen - 2012-02-02 14:37

    Please fall on me

      Shadho - 2012-02-02 14:42

      Presh u very skinny bro and i'm not gonna fund your family cause you never bothered too, or give you cash to modify your golf 1...lmao ^5s

  • Nkosikhona - 2012-02-02 16:41

    WHAT A LONG WAIT FOR JUSTICE TO BE SERVED!!!

  • Craig - 2012-02-02 17:41

    Sounds like a crock of S&^%... nanny state bs.

  • Comrade - 2012-02-02 18:51

    OPPORTUNIST!!!!

  • ghutchza - 2012-02-02 21:36

    She thawed that the frozen veg stack attack was stable.

  • madbron69 - 2012-02-03 13:40

    Well, good for her. I slipped in a restaurant over a year ago- 2 surgeries and over a year in crutches and a wheelchair- why shouldn't I get something back????? it wasn't my fault, and although it still needs to go to the courts, i will not rest until i get all the money back for the pain and suffering, and the R 150 000 for medical expenses...to all you people who think its opportunistic- THINK AGAIN!

  • Gail - 2012-02-03 15:41

    R100,000 is pitiful four years after the event and believe me having injuries to your neck and shoulder is no joke as you get older. Bear in mind that Shoprite would have had to pay her legal costs as well as their own in addition to this. 13 years ago my husband was killed in an accident and I fractured c1 and my son his femur. His life was found to be worth R400,000 by the High Court which I refused and they upped it by another 50%. He was self-employed and employed 5 other people and was 52 yrs old and fit as a fiddle. My son was in Grade 9 and went on to tertiary education. I now have constant problems with pain and limited movement and this has led to lower vertebra being affected which also causes my one leg to collapse under me.Our hospital costs were covered by a Hospital plan but as soon as I was paid out the Insurance company claimed that money back. All physio etc since then over the years has been paid out of my own pocket or that of my sons' The problem is the actuaries working out future expenses don't take that into account because they are the highest paid profession and are out of touch with reality.

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