WEBVTT - Consumer Talk: Slip and falls in supermarket 0:00:00.880 --> 0:00:03.279 Lunch with Piper Hudson. 0:00:03.320 --> 0:00:08.559 And now Consumer Talk featuring Wendy Nola. 0:00:08.840 --> 0:00:11.880 All right, so moving away from car tires, Wendy is 0:00:11.920 --> 0:00:14.360 actually with us today for Consumer Talk, and we're going 0:00:14.440 --> 0:00:17.240 to be talking about your options and what you should 0:00:17.320 --> 0:00:19.840 or shouldn't expect if you suffer an injury or a 0:00:19.920 --> 0:00:22.480 damage of some kind to your property while you are 0:00:22.480 --> 0:00:25.840 busy shopping in a store. If you've had experience with 0:00:25.920 --> 0:00:27.520 this issue and you'd like to tell us how it 0:00:27.560 --> 0:00:30.280 played out in your case, you are welcome to share 0:00:30.280 --> 0:00:32.880 that experience with us with a WhatsApp to seven two 0:00:33.000 --> 0:00:35.920 five six seven one five six seven. You're also welcome 0:00:35.960 --> 0:00:39.040 to call in on two one four four six five 0:00:39.240 --> 0:00:39.800 six seven. 0:00:40.600 --> 0:00:40.960 Wendy. 0:00:41.680 --> 0:00:44.800 We use the term slip and fall for quite obvious reasons. 0:00:44.800 --> 0:00:46.760 That's what the industry calls them, because the two most 0:00:46.800 --> 0:00:50.920 common types of accidents in store are somebody slipping either 0:00:51.000 --> 0:00:54.520 on spilled produce or a wet floor, for example, or 0:00:54.600 --> 0:00:57.360 the fall being a product falling off a high shelf 0:00:57.440 --> 0:01:01.840 onto somebody. One of today's cases interestingly introduces a further 0:01:01.880 --> 0:01:04.600 restoration of this and that is what happens to what 0:01:04.680 --> 0:01:06.920 happens if it's not you, that's hurt, but some of 0:01:06.959 --> 0:01:10.559 your belongings that are damaged in an incident in a store, 0:01:11.120 --> 0:01:13.600 and will reflect on that aspect in our second case 0:01:13.640 --> 0:01:14.240 study today. 0:01:14.240 --> 0:01:16.880 But you wanted to set the scene for us, Wendy. Sure. 0:01:16.880 --> 0:01:19.840 So the main question is, of course, when is the 0:01:19.880 --> 0:01:24.200 store liable for a customer's injuries or damages and when 0:01:24.240 --> 0:01:27.959 are they not so. Retailers and this is my first observation, 0:01:28.400 --> 0:01:31.320 it's understandable but also quite sad, they tend to hand 0:01:31.360 --> 0:01:33.680 over such cases to the legal teams. That's what they've 0:01:33.680 --> 0:01:37.920 been instructed to do, because you know, establishing liability in 0:01:37.959 --> 0:01:40.800 these cases is quite is a specialist idea. But the 0:01:40.880 --> 0:01:45.440 unfortunate downside of that is that you know that's happening 0:01:45.520 --> 0:01:48.960 behind the scenes and the person and they're often elderly, 0:01:49.760 --> 0:01:52.920 you know, they just want a human response. They're looking 0:01:52.960 --> 0:01:55.400 for compassion, they're looking for care, they're looking for we 0:01:55.440 --> 0:01:57.520 see you, we hear you, We sorry, sorry this happened 0:01:57.560 --> 0:01:59.760 to you, And in many cases they don't get it, 0:01:59.760 --> 0:02:03.320 which is that exacerbates the hurt. They physically hurt, and 0:02:03.320 --> 0:02:07.240 then they feel emotionally hurt by what they perceive to 0:02:07.320 --> 0:02:11.440 be a lack of care in the response. So we're 0:02:11.440 --> 0:02:15.200 going to be discussing, as you said, two cases with 0:02:15.320 --> 0:02:17.839 the help of friend of the show, Trity Brookman, who 0:02:17.919 --> 0:02:20.919 is a Cape Ton based attorney and her firm specializes 0:02:20.960 --> 0:02:24.800 in representing consumers in these types of disputes and with 0:02:24.880 --> 0:02:25.480 dodgy cars. 0:02:25.520 --> 0:02:26.639 We've heard her speak to us. 0:02:26.480 --> 0:02:29.000 Many manner and will bring two d in in a moment. 0:02:29.320 --> 0:02:31.920 But let's start by taking a look at the first case. 0:02:31.960 --> 0:02:34.480 And I have to say upfront that since we started 0:02:34.480 --> 0:02:37.720 working on this story, it has indeed be handed over 0:02:37.760 --> 0:02:39.960 to a legal team, so we're somewhat restricted in terms 0:02:39.960 --> 0:02:41.520 of what detail we can include today. 0:02:41.360 --> 0:02:43.840 With we'll have a case of you know, as our 0:02:43.880 --> 0:02:46.200 listeners will know, and I'm terribly sorry about it, but 0:02:46.400 --> 0:02:49.480 these cases pour into my inbox at a right far 0:02:49.520 --> 0:02:53.480 beyond that which I could reasonably cope with. So I 0:02:53.520 --> 0:02:55.280 don't often see an email unless I'm doing. 0:02:55.200 --> 0:02:56.120 A specific search. 0:02:56.160 --> 0:02:59.720 So I didn't see the first case until about three 0:02:59.760 --> 0:03:02.560 months after it was said sent. And in that time 0:03:03.240 --> 0:03:06.040 between me the email being sent as a. 0:03:06.000 --> 0:03:08.840 Result of a previous show we did and how. 0:03:08.880 --> 0:03:11.360 Do you listened to the previous show and me getting 0:03:11.400 --> 0:03:13.720 in touch, there had been some developments which I wasn't 0:03:13.720 --> 0:03:18.160 initially aware of. Okay, So first, the other thing to 0:03:18.160 --> 0:03:19.600 say is we're going to have to be a bit 0:03:19.760 --> 0:03:24.440 vague because now this is gone legal, it's it's core emotion, 0:03:24.840 --> 0:03:27.440 it's emotion, and it's a case spending. And so when 0:03:27.440 --> 0:03:29.720 I took it up with the supermarket group involved, I 0:03:29.800 --> 0:03:33.000 was told we are giving our full cooperation to ensure 0:03:33.000 --> 0:03:37.120 that the matter is resolved as swiftly and fairly as possible. However, 0:03:37.240 --> 0:03:39.920 as it is subject to court proceedings and therefore subjected 0:03:39.920 --> 0:03:42.040 to say, we are not in a position to comment 0:03:42.160 --> 0:03:44.920 or provide any further information at this stage. And then 0:03:45.400 --> 0:03:49.000 our complainant, who are going to be calling DeBie, then 0:03:49.040 --> 0:03:50.960 also said, oh, maybe you should name me. I don't 0:03:50.960 --> 0:03:52.960 want there to be any. 0:03:52.680 --> 0:03:55.320 So we're not naming the supermarket evolved and we So 0:03:57.400 --> 0:04:00.280 what happened, okay. So, and the reason we still sharing 0:04:00.320 --> 0:04:02.280 this case is because what happened is a very good 0:04:02.280 --> 0:04:04.840 demonstration of the kind of it's a very common should 0:04:04.840 --> 0:04:07.400 be dealing with, and it raises some opportunities to question 0:04:07.520 --> 0:04:08.960 the sort of the conditions that have to be in 0:04:08.960 --> 0:04:10.960 place in order for compensation to happen. 0:04:11.960 --> 0:04:13.119 Right, So, this case. 0:04:12.880 --> 0:04:15.520 Involves We're going to call her Debbie, who was shopping 0:04:15.520 --> 0:04:19.599 in a local supermarket almost a year ago. Now I 0:04:19.640 --> 0:04:21.720 think he's just over a year. I think it was 0:04:21.760 --> 0:04:24.160 the first of July. And can you tell us what 0:04:24.200 --> 0:04:24.880 happened to Debbie? 0:04:24.960 --> 0:04:29.480 Yes, so she of all awful things, silly things to happen. 0:04:29.600 --> 0:04:34.520 She had checked out, she had bought her her goodies 0:04:34.520 --> 0:04:37.400 that had been packed, and she was heading for the exit. 0:04:37.440 --> 0:04:39.640 And when she got to the rear part of the 0:04:39.720 --> 0:04:44.359 check encounter, where the packers generally stand, that's where she slipt. 0:04:44.480 --> 0:04:47.000 And it was only after you know, these things happened 0:04:47.040 --> 0:04:50.360 so fat that she saw what was left of the 0:04:50.480 --> 0:04:52.800 errant strawberry mushed into the bottom of her. 0:04:52.720 --> 0:04:54.320 So she slipped on a single storwberry. 0:04:54.320 --> 0:04:58.279 Slipped on one strawberry, unbelievable, so stood on it. 0:04:58.320 --> 0:05:00.080 Obviously it went squish, and then. 0:05:00.320 --> 0:05:02.400 That she's on the environment and she was on the floor, 0:05:02.800 --> 0:05:05.279 and on the floor with very serious injuries. 0:05:05.320 --> 0:05:06.640 Wendy exactly. 0:05:06.720 --> 0:05:07.279 She says. 0:05:09.080 --> 0:05:11.680 She was lying there on the cold floor. 0:05:12.160 --> 0:05:13.080 This wasn't the stores. 0:05:13.760 --> 0:05:14.680 But they called an ambulance. 0:05:14.680 --> 0:05:15.839 It took over an hour to come. 0:05:15.920 --> 0:05:19.320 Her knee was swelling up she was in terrible pain. 0:05:19.320 --> 0:05:20.520 Who husband was with her. 0:05:21.120 --> 0:05:21.599 She says. 0:05:21.720 --> 0:05:25.320 The store management offered to pay for the ambulance as 0:05:25.400 --> 0:05:30.200 well as emergency room treatment because they wouldn't have known anos. 0:05:31.640 --> 0:05:34.280 But by the time we got to Constancheberg Hospital they 0:05:34.279 --> 0:05:38.719 had withdrawn their offer. And I would say that the 0:05:38.800 --> 0:05:41.280 lawse had entered the picture by that stage. 0:05:41.040 --> 0:05:43.359 And said, don't offer anything. 0:05:43.480 --> 0:05:46.520 Yeah, oh there's a problem, need you know, Let's let's 0:05:46.600 --> 0:05:49.359 leave this to the lawyers. So x rays did later 0:05:49.400 --> 0:05:52.039 reveal that she had shattered her right knee cap. She 0:05:52.080 --> 0:05:54.920 gave me the medical term, but I think for our listeners, 0:05:55.040 --> 0:05:58.040 she shattered her right knee cap. She's had two surgeries, 0:05:58.560 --> 0:06:01.799 one to pin the bones together, the second to remove 0:06:02.600 --> 0:06:05.880 those pins. She spent four days in hospital, two weeks 0:06:05.880 --> 0:06:08.279 in a step down facility to get her walking again. 0:06:08.800 --> 0:06:11.800 She went from a walker to crutches, two crutches, then 0:06:11.839 --> 0:06:15.120 one crutch after two months of physios. This has been 0:06:15.200 --> 0:06:18.159 quite an ordeal that from that one strawberry on the floor, 0:06:18.640 --> 0:06:22.280 she says, in all this time. Sorry, she says, even 0:06:22.320 --> 0:06:25.680 after all of that, certain actions are still difficult for me. 0:06:26.240 --> 0:06:29.400 There is the possibility of yet another operation to remove 0:06:29.480 --> 0:06:31.760 bits of bone that are now pushing through the front 0:06:31.800 --> 0:06:34.640 of money, and all this time the Supermarket Group has 0:06:34.680 --> 0:06:38.280 done nothing and paid no expenses, which have racked up 0:06:38.320 --> 0:06:41.360 to more than five hundred thousand grand by now. Money 0:06:41.400 --> 0:06:42.480 will never be the same. 0:06:43.760 --> 0:06:46.440 Okay, oh, Debbie, I'm so sorry that you went through this. 0:06:47.200 --> 0:06:49.560 As Mendy has mentioned, Debbie did reach out to us 0:06:49.560 --> 0:06:51.479 a couple of months ago. Her brother actually heard the 0:06:51.520 --> 0:06:55.320 previous conversation about slip and fall accidents that happened. I 0:06:55.360 --> 0:06:57.000 think I was away at the time, but it happened 0:06:57.000 --> 0:06:59.080 on the show and said to her, why don't you 0:06:59.360 --> 0:07:02.279 call captain and ask for help? And at the time 0:07:02.320 --> 0:07:05.600 she had already consulted a lawyer, and that lawyer had 0:07:05.640 --> 0:07:09.160 reached out to the Supermarket Group involved asking for compensation 0:07:09.240 --> 0:07:11.800 on her behalf, but hadn't had any feedback at the 0:07:11.800 --> 0:07:13.280 point of that initial engagement. 0:07:13.560 --> 0:07:15.320 And Wendy, what has happened since then? 0:07:15.520 --> 0:07:19.120 So I went back to DEBI with what the Supermarket 0:07:19.120 --> 0:07:21.000 Group had told me, because I'd asked them a whole 0:07:21.000 --> 0:07:23.720 lot of questions around you know, there's been no reach out, 0:07:23.760 --> 0:07:25.920 and they said that gave me that statement I read 0:07:25.920 --> 0:07:29.000 out earlier, basically saying it's now subject dequyt. We we 0:07:29.040 --> 0:07:32.040 can't comment a legal process in motion, we can't comment, 0:07:32.120 --> 0:07:35.640 And DeBie said, yeah, it seems you know, our lawyer 0:07:35.760 --> 0:07:38.600 is pursuing a court case. That was never our intention 0:07:38.760 --> 0:07:42.000 from the start. We just wanted them to be fair 0:07:42.040 --> 0:07:46.560 and pay us what this ordeal has cost, you know, 0:07:46.680 --> 0:07:50.600 some financial compensation for medical expenses, and she's also had 0:07:51.040 --> 0:07:52.080 some loss of income. 0:07:52.560 --> 0:07:54.560 Okay, so that's the context of what happened. 0:07:54.560 --> 0:07:54.760 Now. 0:07:54.800 --> 0:07:58.760 Listening into that description was consumer attorney Trudy Brookburn and Truty. 0:07:58.800 --> 0:08:00.600 It's always lovely to have you join us on the show. 0:08:00.640 --> 0:08:04.840 Welcome back, Thanks very much, but then specially to you, Wendy. 0:08:05.040 --> 0:08:05.360 Thanks. 0:08:05.960 --> 0:08:08.360 Obviously, we can't speak to the merits of the individual 0:08:08.400 --> 0:08:11.679 case here it is still before the courts. But broadly speaking, 0:08:11.720 --> 0:08:13.920 I'm sure there are a couple of sort of common 0:08:14.000 --> 0:08:17.320 threads in these kinds of cases that we need to 0:08:17.440 --> 0:08:22.040 highlight here. I mean, for example, if this case goes 0:08:22.080 --> 0:08:24.040 to court, as it looks like it might do, what 0:08:24.040 --> 0:08:26.640 would Debbie's lawyer have to prove in order for the 0:08:26.680 --> 0:08:30.280 supermarket to be found legally liable for her fall and 0:08:30.320 --> 0:08:35.360 for the attendant expenses that came with it is there 0:08:35.400 --> 0:08:38.199 a difference, Are there any sort of mitigating factors a 0:08:38.280 --> 0:08:40.560 court would look at, or key questions that would need 0:08:40.600 --> 0:08:43.320 to be asked to determine whether it's the shop's problem 0:08:43.400 --> 0:08:43.560 or not. 0:08:45.720 --> 0:08:49.439 Great question for Bill. Let me launch in. The basic 0:08:49.480 --> 0:08:52.120 principle is that if you own a building, or you 0:08:52.200 --> 0:08:55.199 manage and operate a building which is open to the public, 0:08:55.679 --> 0:08:58.560 you have a legal duty to ensure that the public 0:08:58.640 --> 0:09:04.160 is safe when there's still onto your premises. So there 0:09:04.200 --> 0:09:09.480 are a few other legal aspects that that impinge on this, 0:09:10.480 --> 0:09:14.480 but that is the basic principle. So a business owner 0:09:14.559 --> 0:09:17.360 must take reasonable steps to ensure that where the public 0:09:17.360 --> 0:09:20.559 are allowed to or invited to walk, that they can 0:09:20.600 --> 0:09:26.040 walk there with with safety. The second layer of law 0:09:26.120 --> 0:09:29.360 that comes into that so that that is a basic 0:09:29.800 --> 0:09:36.800 principle of whether the building was neglegend. So consumers and 0:09:36.920 --> 0:09:40.560 individuals members of the public are not required by the 0:09:40.640 --> 0:09:43.280 law to watch the every move. That's reasonable for them 0:09:43.360 --> 0:09:47.080 to assume that they can that they can walk around 0:09:47.120 --> 0:09:50.280 in their surroundings without always being watching their feet. 0:09:50.760 --> 0:09:54.880 Okay, that's really import So you don't be vigilant as 0:09:54.960 --> 0:09:57.840 down at all times, because that could create other problems 0:09:57.880 --> 0:10:00.080 I would imagine yes. 0:10:00.120 --> 0:10:03.960 And I think the relevant thing here is that Debbie 0:10:04.080 --> 0:10:06.959 was She said that she was walking next to her 0:10:07.000 --> 0:10:10.520 husband who was pushing his shopping trolley. So remember in 0:10:10.559 --> 0:10:15.360 a supermarket environment usually have tard flaws which are fundamentally slippery, 0:10:15.760 --> 0:10:18.959 and then you are often pushing a huge, big shopping 0:10:19.000 --> 0:10:21.840 trolley which prevents you from being able to watch where 0:10:21.840 --> 0:10:25.160 you put your feet down right, And that also applies 0:10:25.200 --> 0:10:28.880 to a person walking next to the person pushing the 0:10:29.040 --> 0:10:35.280 shopping trolley. So that's where we are going to. The 0:10:35.760 --> 0:10:38.920 fundamental process here is that the court is going to 0:10:38.960 --> 0:10:43.280 try and find out who was more negligend. Was Debbie 0:10:43.280 --> 0:10:47.600 negligend by not watching her feet? As I've explained, I 0:10:47.640 --> 0:10:50.640 think in the circumstances there's less of an expectation that 0:10:50.720 --> 0:10:55.319 you would have done that. And was the defendant who 0:10:55.320 --> 0:11:00.440 would be the shopping center or the and the supermarket chains, 0:11:01.800 --> 0:11:07.640 and did they conduct sufficiently regular inspections to ensure that 0:11:07.679 --> 0:11:11.160 their premises were staff So the timing of this thing 0:11:11.280 --> 0:11:16.160 is often the determinative factor there. So, as you can 0:11:16.200 --> 0:11:21.079 imagine you are the manager of a shopping center or 0:11:21.120 --> 0:11:26.280 of a supermarket, there are many square meters of floor 0:11:26.320 --> 0:11:28.560 that have to be checked from time to time to 0:11:28.600 --> 0:11:31.720 see whether something has built, whether there's a weily subsistance, 0:11:31.760 --> 0:11:37.839 a substance which is related to sap or whatever which 0:11:38.440 --> 0:11:40.520 or just a puddle of water, all of which can 0:11:40.559 --> 0:11:43.400 be and then a strawberry for crying in a bucket. 0:11:45.080 --> 0:11:47.439 So all of these things are the source of things 0:11:47.440 --> 0:11:49.920 that can land on the floor in a supermarket. As 0:11:49.920 --> 0:11:53.200 a supermarket manager, you have to be checking from time 0:11:53.240 --> 0:11:56.480 to time, but that you are not required by the 0:11:56.559 --> 0:11:59.680 law to check once a second, or once a minute 0:12:00.200 --> 0:12:04.400 or once every five minutes. You must check with regular intervals, 0:12:05.000 --> 0:12:10.760 and your system of checking needs to be reasonable and 0:12:10.880 --> 0:12:15.839 manageable in the circumstances of your supermarket and of the 0:12:16.280 --> 0:12:19.600 risk post to the consumers. So that's the evaluation that 0:12:19.640 --> 0:12:22.160 the poor judge will have to make. It's actually quite 0:12:22.160 --> 0:12:26.160 a tricky thing of weighing up the relative interests. The 0:12:26.200 --> 0:12:29.000 other thing that I thought might be relevant here is 0:12:29.520 --> 0:12:37.439 that a strawberry doesn't generally fall out of your shopping bag. 0:12:37.880 --> 0:12:41.319 So this occurred after the tools. This is as they 0:12:41.320 --> 0:12:44.560 are leaving that already paid, So the person who purchased 0:12:44.559 --> 0:12:49.960 that strawberry has lasted out of their shopping bag most likely. 0:12:50.360 --> 0:12:54.520 So what happened there with the packaging? How is it 0:12:54.559 --> 0:12:59.280 that the strawberry was able to escape so easily? Because 0:12:59.280 --> 0:13:03.200 all the strawberry I generally buy in the supermarket quite firmly. 0:13:05.200 --> 0:13:07.760 In the plastic packaging, inside. 0:13:07.320 --> 0:13:11.559 Their plastic packaging. So I have wondered whether the person 0:13:11.600 --> 0:13:15.280 who applied the packaging, maybe there was floppy cling wrap 0:13:15.920 --> 0:13:18.960 or some other type of loose packaging that was not 0:13:19.080 --> 0:13:23.160 sufficiently sat and that could indicate neglegends by whoever the 0:13:23.200 --> 0:13:26.360 person was that packed it, whether that's the supplier to 0:13:26.480 --> 0:13:29.480 the supermarket or the supermarket itself, depending on who did 0:13:29.520 --> 0:13:32.640 that packaging, So there might be a further ground for 0:13:32.800 --> 0:13:36.880 Debbie to demonstrate that there was neg legends, and that's 0:13:36.920 --> 0:13:40.679 worth really checking out. I think the two main things 0:13:40.720 --> 0:13:44.360 that I would be almost forensically investigating if I were 0:13:44.480 --> 0:13:48.040 her attorney, would be how long was that strawberry on 0:13:48.080 --> 0:13:50.000 the ground, and one can take that if there was 0:13:50.040 --> 0:13:54.600 a camera and that direction, and their number two who 0:13:54.600 --> 0:13:56.839 did the packaging? And why was it loose. 0:13:57.160 --> 0:13:59.760 Or the I mean, for argument's sake, and I have 0:14:00.120 --> 0:14:02.040 no clue. It's just occurred to me while you were talking, 0:14:02.040 --> 0:14:05.880 truly that the previous sharper who bought those strawberries may 0:14:06.000 --> 0:14:09.959 well have opened that clamshell and helped themselves to a 0:14:10.000 --> 0:14:13.640 strawberry or two, and one dropped out in the processitch game. 0:14:13.840 --> 0:14:17.000 But that's where the CTV footage is critical, and they 0:14:17.040 --> 0:14:19.280 will always have footage at those tills. 0:14:19.560 --> 0:14:22.680 Yes, that's one of the most watched areas. 0:14:23.120 --> 0:14:25.800 I think if when thinks about the who can be 0:14:25.880 --> 0:14:29.080 the negligent party? If there was another shopper who dropped 0:14:29.080 --> 0:14:31.600 a strawberry, that might be the person against whom you 0:14:31.680 --> 0:14:34.520 aim your clam if that's what the CCTV footage. 0:14:35.640 --> 0:14:38.880 Okay, truly, just before we go to the news, a 0:14:38.960 --> 0:14:42.240 quick follow up here. In your experience with cases like this, 0:14:42.440 --> 0:14:46.960 are stores generally inclined to be happy to say we'll 0:14:47.000 --> 0:14:49.200 cover you for the ambulance of the emergency visit if 0:14:49.240 --> 0:14:51.400 it looks like it's a sort of a modest expense 0:14:51.560 --> 0:14:54.440 in line, and less likely to do so if they 0:14:54.480 --> 0:14:56.040 can see that this is going to be a very 0:14:56.120 --> 0:15:00.840 expensive process to remedy. Did do you think that impacts 0:15:00.880 --> 0:15:04.119 how they behave in the immediate optimize Pepper. 0:15:04.640 --> 0:15:08.120 I mean, it certainly changes the consumer's experience of the 0:15:08.160 --> 0:15:11.040 whole thing. But the types of matters that arise on 0:15:11.160 --> 0:15:15.560 my death, I've never encountered one where the supermarket or 0:15:15.560 --> 0:15:20.280 the shopping center infected cover any medical expenses. I suppose 0:15:20.360 --> 0:15:22.760 the more serious ones come to me where the medical 0:15:22.800 --> 0:15:27.880 expenses are more substantial, although not necessarily, but I think 0:15:27.920 --> 0:15:30.480 it would be definitely. I mean, if I'm advising the 0:15:30.520 --> 0:15:35.200 shopping center, my advice is sort this thing out quickly 0:15:35.280 --> 0:15:40.320 and early, and pay the initial amounts in the hope 0:15:40.360 --> 0:15:43.880 that you can avoid much greater damage and harm and 0:15:44.000 --> 0:15:47.520 legal expenses are going forward as well. Cases can costume 0:15:47.560 --> 0:15:53.360 million rand. It's really worthwhile settling things early where you 0:15:53.440 --> 0:15:56.080 know that there is a problem or was a potential 0:15:56.120 --> 0:15:57.320 problem on your side. 0:15:57.520 --> 0:15:58.240 Great advice. 0:15:58.320 --> 0:16:01.000 I just need to make a really born correction. I 0:16:01.120 --> 0:16:04.760 just remember Debbie wrote us in April this year. This 0:16:04.840 --> 0:16:08.680 slip happened in July twenty twenty four, so it has 0:16:08.760 --> 0:16:11.840 dragged on for a year already. Okay, that's why you 0:16:11.880 --> 0:16:14.320 know she came to us and things are probably not 0:16:14.400 --> 0:16:17.440 progressing legally because there has been. 0:16:17.280 --> 0:16:19.240 There has been no no, no for that. I could 0:16:19.280 --> 0:16:22.280 come back. Okay, join the conversation. 0:16:22.560 --> 0:16:23.640 Join the conversation. 0:16:24.000 --> 0:16:25.280 You're with Kate Thalk. 0:16:28.720 --> 0:16:33.560 Hello, Mangie, I'm a Nancy. My name is Marion, and 0:16:33.640 --> 0:16:38.280 I'm a nanty one year old and I fell in 0:16:38.320 --> 0:16:43.360 the store yesterday. Was shopping at Checkers in the West 0:16:43.440 --> 0:16:48.040 Coast More and I slipped and it happened so quickly. 0:16:49.400 --> 0:16:53.320 They were cleaning floors. But I don't know if that 0:16:53.600 --> 0:16:56.160 was the reason for why I slipped, but I just 0:16:56.280 --> 0:17:01.760 wanted to give book cares to the manager and the 0:17:01.880 --> 0:17:08.480 customer care lady. He arranged to get a wheelchair for 0:17:08.600 --> 0:17:11.840 me and for her to push me around to finish 0:17:11.880 --> 0:17:16.920 my shopping. But anyway, the pain was too bad. I'd 0:17:16.960 --> 0:17:18.040 fallen on my hip. 0:17:19.080 --> 0:17:19.679 Sorry. 0:17:20.040 --> 0:17:23.640 Fortunately my daughters were shopping in the store as well, 0:17:23.760 --> 0:17:27.560 so I was able to be driven home and straight 0:17:27.640 --> 0:17:32.240 to the doctor. But I must say the stuff at 0:17:32.359 --> 0:17:36.800 Checkers in West Coast More were absolutely fantastic. 0:17:38.200 --> 0:17:40.359 I hope you feel much much better soon, Marianne. And 0:17:40.440 --> 0:17:42.840 that's really good feedback. 0:17:43.000 --> 0:17:45.200 After I said sometimes it can come across as a 0:17:45.240 --> 0:17:47.560 bit I'm caring because they've got to worry about the 0:17:47.640 --> 0:17:51.399 legal implications and but there's the notion of liability and 0:17:51.400 --> 0:17:53.040 everything else. So that's lovely to hear. 0:17:53.240 --> 0:17:55.560 I think there's another positive voice note that's come through 0:17:55.600 --> 0:17:55.880 as well. 0:17:55.920 --> 0:18:00.959 Let's take a listen, Hi is gooden? Here two things. 0:18:01.119 --> 0:18:04.600 I was in another supermarket and there was a fruit 0:18:04.680 --> 0:18:07.959 box on the floor at below knee level, and I 0:18:08.000 --> 0:18:09.720 banged into it and it sort of thought, wow, that 0:18:09.800 --> 0:18:12.440 was a bit hard and sharp. Didn't think much more 0:18:12.480 --> 0:18:14.159 of it because I had to look at my genes 0:18:14.200 --> 0:18:15.879 from the one side and didn't see anything, but the 0:18:15.960 --> 0:18:18.760 jeans were actually torn. When I got back, store was 0:18:18.880 --> 0:18:23.240 very good. They said, no, look, that's obviously happened. I 0:18:23.280 --> 0:18:24.760 went to speak to them to get them to move 0:18:24.760 --> 0:18:27.879 the boxes. They did move that box, but I haven't 0:18:27.920 --> 0:18:31.240 seen the boxes fixed in the other stores. All of 0:18:31.280 --> 0:18:34.840 them have got metal frames on the outside, which we've 0:18:34.880 --> 0:18:37.680 got very sharp edges, which if somebody had cut themselves 0:18:37.680 --> 0:18:41.600 on an older person cutting themselves would have not great. 0:18:42.960 --> 0:18:44.680 But yeah, the store was very good about it, and. 0:18:44.640 --> 0:18:46.119 They sort of dealt with it straight away and then 0:18:46.160 --> 0:18:48.280 offered to buy me a new pair of genes, which 0:18:48.320 --> 0:18:51.040 was really really well done from one of the bigger 0:18:51.119 --> 0:18:55.960 change But another thought, what about liability insurance. Surely these 0:18:55.960 --> 0:18:58.440 stores carry liability insurance, and surely that should be part 0:18:58.440 --> 0:19:01.199 of the processes be insured against the sort of. 0:19:02.560 --> 0:19:03.040 Just a thought. 0:19:03.160 --> 0:19:06.000 Sure, I thought that several other people had as well, 0:19:06.040 --> 0:19:08.960 including Chris. And there was another one from Henry saying, 0:19:08.960 --> 0:19:12.760 surely shopping centers of public liability insurance for exactly this 0:19:12.880 --> 0:19:13.760 kind of scenario. 0:19:13.840 --> 0:19:14.159 Thank you. 0:19:14.240 --> 0:19:21.119 Let's ask Trudy to comment on that attorney truly public 0:19:21.119 --> 0:19:23.600 liability insurance? Should that be sufficient to cover this kind 0:19:23.600 --> 0:19:24.080 of incident? 0:19:25.200 --> 0:19:28.680 I would have I would have certainly thought so. So unfortunately, 0:19:28.720 --> 0:19:32.000 from a consumer perspective, that doesn't necessarily mean that you're 0:19:32.040 --> 0:19:35.920 not in for a big fight. So how it works 0:19:35.960 --> 0:19:40.159 if you have insurance is that you would notify your 0:19:40.800 --> 0:19:43.760 insurer of the claim. So let's say the manager has 0:19:43.800 --> 0:19:48.600 been informed that Marion has slipped while they're cleaning the floors, 0:19:48.720 --> 0:19:55.919 or about another incident, and you would immediately ring your broker. 0:19:55.960 --> 0:19:58.040 The broker would speak to the insurer, and then the 0:19:58.119 --> 0:20:01.720 legal department at the lib Letty insurance would tell you 0:20:01.800 --> 0:20:06.320 what you allowed to do and say and whatnot and 0:20:06.400 --> 0:20:10.159 if the thing becomes a court case. And here I 0:20:10.240 --> 0:20:13.000 just want to remind the listeners that you need to 0:20:13.040 --> 0:20:18.159 sue within three years of the incident, and if you 0:20:18.200 --> 0:20:20.960 miss that deadline, you've lost your calm, and if it's 0:20:20.960 --> 0:20:24.800 against the municipality, that summons has to go out within 0:20:24.920 --> 0:20:26.879 six months or that for them needs to be a 0:20:27.040 --> 0:20:30.159 notice within six months after it happened. So if it's 0:20:30.200 --> 0:20:33.600 a municipality that caused your harm or you slipped on 0:20:33.720 --> 0:20:38.840 municipal property, definitely see a lawyer very quickly. So sorry 0:20:38.880 --> 0:20:42.440 to circle back. So if the thing then goes to court, 0:20:43.480 --> 0:20:48.440 it's essentially the liability insurances lawyers who are fighting against 0:20:48.520 --> 0:20:52.120 you all the same stuff that you need to prove, 0:20:52.160 --> 0:20:55.400 et cetera. But unfortunately they have a lot of legal 0:20:55.480 --> 0:21:00.000 clout and they have deep pockets, so you can expect. Unfortunately, 0:21:00.680 --> 0:21:04.520 even though there's liability insurance, unless it's a real opening shatcase, 0:21:04.880 --> 0:21:10.280 you may actually have more oppossession if your acclaimant than 0:21:10.320 --> 0:21:11.520 you would have had otherwise. 0:21:12.320 --> 0:21:14.760 Thank you so much for that feedback, Trudy, And just 0:21:14.800 --> 0:21:17.280 to recap for anybody who's come in midway, Wendy Nada 0:21:17.359 --> 0:21:20.359 with us in studio. Consumer attorney Trudy Brookman with us 0:21:20.359 --> 0:21:23.840 by phone as we talk about compensation in the case 0:21:23.880 --> 0:21:27.680 of injuries or damages happening in a store environment. I mean, 0:21:27.680 --> 0:21:30.359 this just makes my blood Boil. Tracy's sharing what happened 0:21:30.400 --> 0:21:33.560 to her mom, who was in her sixties at the time. 0:21:34.640 --> 0:21:36.560 To cut a long story short, she had an accident 0:21:36.600 --> 0:21:39.560 in the parking lot outside the store after her trolley's 0:21:39.560 --> 0:21:42.399 wheels got stuck and she was sent flying and broke 0:21:42.440 --> 0:21:45.520 her wrist. And she said when they tried the parking 0:21:45.520 --> 0:21:48.240