News24

Woman wins damages after slipping in mall

2012-06-06 10:00

Johannesburg - A woman who worked as a beautician in the Menlyn Park shopping centre, near Pretoria, will be awarded damages by the mall's owners after she slipped in a loading bay, it was reported on Wednesday.

The Star reported that Yvonne Maud Niemand, 51, was claiming about R1m from the Old Mutual Investment Group in the North Gauteng High Court in Pretoria after she injured her back during the fall.

Niemand testified that in June 2006, she used the loading zone entrance, as instructed by her employer.

On her way in, she slipped on a substance - which was either vomit or ice-cream - and fell.

Old Mutual said Niemand's fall was not caused by its negligence and that notices disclaiming liability were placed at the mall's public entrances and parking bays.

However Judge Bert Bam ruled that the owners were liable for damages because there was no disclaimer in the loading zone.

The amount of compensation would be determined at a later stage.

Comments
  • Vuyo - 2012-06-06 10:10

    It pays not to be careful , as somebody else can be held responsible .

      Alan - 2012-06-06 11:00

      yeah - and you don't end up on the skids....

  • Azande - 2012-06-06 10:11

    Opportunist...

      Alan - 2012-06-06 10:22

      yeah - the Mall should put up notices in the Loading Bays - Beware of Puke and/or Ice Cream.

  • winston.mullany - 2012-06-06 10:23

    I think everybody is so quick to pass the buck and shift the blame to someone else and don't have the balls to accept responsibility nowadays!

      Alan - 2012-06-06 10:25

      yeah - no backbone!

      sabongam - 2012-06-06 10:35

      Well, it doesn't seem that the court thinks so, as in this case.

      Alan - 2012-06-06 10:42

      it's not like the court can't make a slip up

  • stanley.marries - 2012-06-06 10:52

    I think I should go to the mall right now and sommer walk into those nice clean windows that doesn't have any adverts on and say that it's the mall's fault for not putting up adverts to make me aware that shops have windows..lmao..maybe I can also sue!!!mmmmmmm*thinking*

  • ben.louw.5 - 2012-06-06 10:53

    Urgh...America here we come

      Schmee - 2012-06-06 11:08

      Naaa I think by now they make sure they have notices everywhere including the toilets in America. This is the place you want to be now.

  • Denny - 2012-06-06 10:55

    This is absurd. What people don't often consider is that ultimately the rest of society gets stung with these costs. Malls look to reduce their risk exposure so they buy insurance. This means they have to charge greater rentals to their tenants. This means those tenants have to charge more for their goods/services. This means the rest of us are paying more for our things because some opportunistic fool slipped. I can understand being penalised for gross negligence. This doesn't come close.

      alexander721 - 2012-08-24 23:15

      tell me you ignorant nut.. what if it were your'e partner or child? would you call them clumsy? or would you rant and rave at the tenants (in the shop incident) or the mall if you found that they had slipped on something that should not have been there. Yes there are notices up and about. However they imply that under normal circumstances if you fall, slip etc it is on you, however it is on the onus of teh mall to ensure that floors are kept clean and try, if any liquids have fallen it is up to them to ensure that it is tidied up ASAP, if it is not and there is an incident you cannot blame the victim if there was no signed to warn of wet floors can you? And as a previous response reflects, there is no mention on the amount or severity of the injury. So before you light up the candle with sarcastic flames of ignorance, know your facts first!!

  • gideon.keyser - 2012-06-06 10:56

    hoekom trap sy dan op die kots? Lyk my ons verander na Amerika

      Schmee - 2012-06-06 11:09

      Hmmmm the way you say that just makes me want to vomit everywhere.

      Alan - 2012-06-06 11:21

      as long as you dont vomit on the slipway

  • Tiaan Liebenberg - 2012-06-06 11:08

    News24 - fire your online editor, please!!! Menlyn Shopping Centre is in the middle of Pretoria/Tshwane (whichever you fancy)!!! Spelling, grammar mistakes in every report. Where is your publishing standards?

      Alan - 2012-06-06 11:12

      er - Where ARE your publishing standards?

      thebe.tau - 2012-06-06 11:20

      Your highness Tiaan Liebenberg I think you meant to say center.

      Alan - 2012-06-06 11:24

      what is a center?

      janet.mcdonaldbelstead - 2012-06-06 11:32

      Centre = mall, shopping area, etc. Center = middle Simple grammatical errors that give something a totally different meaning, and errors that many make!

      jeffrey.jones.357 - 2012-06-06 11:54

      Correction: "Centre" is English spelling, "Center" is American spelling of this word. The meaning is the same in both spellings.

      Alan - 2012-06-06 12:53

      correct Jeffrey - Center is an American version of the English word Centre

      Alan - 2012-06-06 12:55

      so the Sentra Store is in the Center of the Shopping Centre in Central Park if you wanna use American English.

  • monty.pulumo - 2012-06-06 11:19

    and I am at mall right now,...did you say I should perhaps take my somersault here, well, I see no danger signs nearby...lmao!...Chanel, Louis Vitton,Prada please expect me soon, dankie!

      Alan - 2012-06-06 11:25

      make sure you get a sales Slip

      jaysonpaul.beckwith - 2012-06-06 11:35

      I would suggest the stairs at the event's arena. You could really crack you noggen somersaulting down there

      Alan - 2012-06-06 12:20

      a crackhead event?

  • jaysonpaul.beckwith - 2012-06-06 12:32

    Its amazing,, nobody has blamed the ANC or the DA yet for the event that happened in the receiving bay at Menlyn. Or have I spoken too soon.

  • wendy.martin.967 - 2012-06-06 17:07

    I think financial remuneration aside the issue should be claims of non-liability by malls and stores. It is absurd that malls and garages too can hide behind disclaimers of no liability and responsibility. What this means is that if you are robbed, assaulted, raped, injured or killed it is not their problem. The same goes with your vehicles if taken in for service. If they damage your car while it is on their property it is not their responsibility. While there are opportunists responsibility must lay with the mall and garage owners ultimately.

      Mike - 2012-06-07 09:57

      I believe that the new Consumer Protection Act addresses some of these disclaimer issues

  • Vuyeka - 2012-06-06 18:13

    Not sure i agree with this one, what if you slip in the road? Loading zones are always riddled with left over trash, so should the centre be held responsible for their tenant's actions?

      Mike - 2012-06-07 09:58

      Yes they should

  • Kgothatso - 2012-06-06 21:48

    Y did'nt she sue the person responsible 4 the ice-cream or vomit...!bet she was broke nd plannd d whole thng!!

      mirchelle - 2012-06-08 22:56

      Come on ppl! Read the case stats and FULL article. She was forced by her employer (Stuttafords) to enter at the loading bay like they still do at Menlyn; only recently putting up notices. What would you have done if you can't work any more after a back operation to replace disks and have steel pins in your back?! Please: have a heart and support, rather than breaking down someone's spirit. BY THE WAY: She wasn't broke, but think a bit: In hospital for weeks, going to doctors, physio, specialists, treatments, and so on: what will it cost you?? And without being able to work any more. Not being able to do the job you love? Not being able to stand on your 2 feet for longer than a few minutes. Being constantly in pain and having to be on different pain medication for the rest of your life? What whould you do if the same/similar thing happened to you?

  • Zion - 2012-06-07 08:23

    some weeks ago I had an article published by My news 24: "Why I hate malls" the article was made on a humorous note yet I emphasised the slippery tiled floor conditions. (Welkom) Most of the ingorami tried to make a fool of me. Look now who is wearing the circus cap. He who laughs last etc......

  • ellatjie86 - 2012-06-07 09:27

    yet when my daughter fell and touched live electricity wires in a mall on the Bluff Durban they said they will not pay out anything??

  • malcolm.dale - 2012-06-07 10:38

    You people who quick to make witty remarks - for want of a better phrase- should fall and injure your back at the same age of this poor woman and see how you handle the agony! You must remember that you have only one back and when it is injured the damage done is almost always permanent or it will recur later in life and can be crippling. R1m rand in no way makes up for the inability to walk or stand or sit comfortably. The owners of the building are responsible for the fall and it doesn't matter what it was that she slipped in -vomit or ice cream - it should have been ringed immediately as a danger zone and cleaned up and marked as a danger area until it dried again. @ Mike - what do you expect her to do -get on her hands and knees and smell the stuff? You dumb pillock! Bile and ice cream can look pretty much the same. To those of you who are without understanding of back ache perhaps I should pray for you to experience it in a permanent way. I have suffered with a back problem for the last 47 years as a result of an injury and it has been no fun at all. Get real people.

  • mirchelle - 2012-06-08 22:59

    Come on ppl! Read the case stats and FULL article. She was forced by her employer (Stuttafords) to enter at the loading bay like they still do at Menlyn; only recently putting up notices. What would you have done if you can't work any more after a back operation to replace disks and have steel pins in your back?! Please: have a heart and support, rather than breaking down someone's spirit. BY THE WAY: She wasn't broke, but think a bit: In hospital for weeks, going to doctors, physio, specialists, treatments, and so on: what will it cost you?? And without being able to work any more. Not being able to do the job you love? Not being able to stand on your 2 feet for longer than a few minutes. Being constantly in pain and having to be on different pain medication for the rest of your life? What whould you do if the same/similar thing happened to you?

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