Trolleys are annoying, but they’re not usually dangerous.

Then again, apply enough force and fill the thing with boxes and you might have a case if someone ploughs into you.

In a recent incident, a 78-year-old man was injured during a Sunday shopping trip at SPAR, when a worker pushing an industrial trolley piled high with boxes collided into him.

According to BusinessTech, the collision caused him to bump into the frozen chicken freezer and onto the ground. His resultant injuries included a hip and spine injury, and several abrasions. He claims that following medical attention he is still feeling the after-effects of the incident and will need further surgery in the future.

Following the incident, he instituted a R400,000 damages claim against the store, but the issue was ultimately resolved out of court with the man receiving R150,000 in settlement.

Kirstie Haslam, a director at DSC attorneys, says that this is actually quite common in South Africa.

“Whilst not as commonplace as other forms of personal injury matters, such as motor vehicle accident related injuries, medical malpractice or even police shootings and assaults, these kinds of cases are not unusual at all,” said Haslam.

“I am presently acting for a number of people who were injured in differing circumstances whilst visiting supermarkets.”

It can be tricky, however, holding the supermarket liable because they often purposefully outsource cleaning staff to avoid liability.

For the elderly gentleman in the above case, the evidence was irrefutable.

“This is certainly not an unusual or even particularly high damages award, given the nature and severity of (the man’s) injuries which appear to have been significant,” she said.

“The amount was probably made up of a sum in respect of medical and related expenses as well as general damages for pain and suffering; at first blush – without more specific information relating to exactly what treatment was (undertaken) or anticipated in the future – the settlement appears to be quite conservative.”

Before you decide to go out into the world and throw yourself in front of a trolley, you should probably consider the following:

“Going to court and running a full trial can be an expensive undertaking and one always has to weigh up the prospects of success and likely outcome.

Given that we often see court cases drag on for months, and sometimes years, there are no guarantees.

Got a quick legal question of your own?  Contact Legal Eagle Mariam for instant legal opinion – she’s available for voice calls and text chats on TIMON.

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[source:businesstech]