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OK Ordered To Pay US$51K For Causing Toddler's Permanent Disability

OK Ordered To Pay US$51K For Causing Toddler's Permanent Disability

The High Court has ordered OK Zimbabwe (OK) to pay US$51 000 as compensation to a family whose child’s legs were injured after a grocery shelf in one of its Harare supermarkets collapsed on her in 2015.

Justice Ephraim Tagu ordered the company to compensate the minor who sustained permanent disabilities following the unfortunate incident, through her father, Tizai Chiswanda who sought legal recourse after OK’s senior staffers ignored his plea.

It emerged that the shelf in question had long malfunctioned and was being supported by a farm brick at the time it collapsed.

OK had tried to shift the blame on the father, stating that he did not monitor his child when they were in the shop.

The retailer had argued that the little girl was fascinated by some balls which were on display and tried to climb up the shelf, which resulted in it collapsing.

But the father insisted that the shelves were not serviced and were corroded.

Another shopper who testified also said it was impossible for the girl to climb the shelf because it had a small wire mesh.

The girl was wearing shoes that could not fit into the wire mesh holes.

Chiswanda told the court that:

  • i). he rushed to check what was happening after hearing his daughter crying.
  • ii). he found the girl under the shelf, but no shop assistant came to the scene.
  • iii). he was helped by three shoppers to lift the shelf up and retrieve his daughter, who was crying in pain.
  • iv). e rushed the girl to the hospital using his own vehicle and she was admitted.
  • v). he went back to the supermarket and was attended to by two men who introduced themselves as section managers.

Having failed to get an explanation, he proceeded to make a police report at Rhodesville Police Station.

Chiswanda then claimed special damages for medical expenses, disposable diapers, transport costs, pain and suffering, permanent disability, disfigurement, loss of amenities of life, future medical and transport costs all totalling US$51 982,93.

Justice Tagu found OK guilty of negligence and the leading retail chain to pay the compensation in US dollars, plus interest on the amount at the prescribed rate from April 1 2015 to date of full payment as well as costs of suit.

More: NewZimbabwe


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12 Comments

Zerere 2 weeks ago

Pane mamwe macomments so anoita sekunge Munhu ataipa achimama. Zvekunge urikufizura vanhu yet newewo unotomamawo nenhamo yacho.


☺️☺️ 2 weeks ago

#HUNI: Did you ever go to school today and did you ever go beyond grade 2 !!!!!

CCC


safety 2 weeks ago

safety first ok handichapindemo


ndeyekwenyu 2 weeks ago

munomxamxma chete ne CCC yenyu iyoyo hapana ende hapana pamberi ne coup detat


🚩 2 weeks ago

A wake up call for some Zupco contracted buses which do not meet the VID set standards


Jah🇿🇼Tsvarie-07 2 weeks ago

Fair indeed...


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asalif 2 weeks ago

what if it was their worker who was paralyzed was NSSA not going to compensate him so apa zvarwadza just because it's a customer I think it's it's high time these big companies have services of a Safety Health and Environment official or contact one from time to time for assessment of their premises from time to time look at Ok Masvingo yakadhuga moto yega in the middle of the night let's say they were people inside what could have happened NSSA irikungotora Mari inspection dololo unoiwana munhu Ari kumusoro kweshelf muMetro Peech no safety belts no helmet NSSA to blame


twabam 2 weeks ago

Haaa twabam


Chawabvunza 2 weeks ago

This judgement is a wake up call on all businesses to take seriously issues to do with safety in their shops. US$51 000 plus interest from 2015 is a lot of money. It is not clear if OK ZIMBABWE appealed against this judgement.

[ VOTE CCC FOR REAL CHANGE ].


Huni 2 weeks ago

Mudhara are you okay?? Some of your comments are redundant

VYBZ KARTEL 2 weeks ago

Vote for Chamisa, voterai Chamisa, vote for CCC, VOTERAI CCC


mhofela 2 weeks ago

Fare judgement dai muchigara muchitonga saizvozvo nyika ichinakidza. Vote Ccc



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