PROPERTY AND MORAL DAMAGES
The supermarket 'Atacadão Dia a Dia' was ordered to compensate an elderly woman, 71, who was injured after slipping in a puddle of yogurt spilled on the floor of the place. The establishment was ordered to pay BRL 10,000 for moral damages and BRL 7,122.95 for property damage.
The substitute judge Gilmar de Jesus Gomes da Silva, from the Special Civil Court of Guará, pointed out in the sentence that it was up to the supermarket to guarantee a safe place for consumers.
The old woman says that in January 2022, she was in one of the supermarket chain's establishments when she slipped in a puddle of yogurt spilled on the floor. She reports that she lay on the floor for more than 40 minutes until she was rescued and taken to the Base Hospital in Brasília. The elderly woman explained that, because of the accident, she suffered a fracture in her right arm, which was immobilized with a plaster cast, which prevented her from performing everyday tasks.
The woman also reported that she had to bear high expenses with the hiring of a nursing technician to help with her tasks, expenses with medication and transportation by application to and from the hospital.
In its defense, the supermarket maintained that it is not at fault in the event and that the woman fell through carelessness. It also argues that the notes presented by the elderly woman are not related to the accident and that there was no moral shock.
Based on the evidence in the lawsuit, the judge concluded that the crash was caused by the supermarket's failure. “There was a failure to provide the service by not storing the product correctly and safely on its shelves and not cleaning the place quickly. It should be noted that it is the supplier's obligation to ensure a safe place for consumers to transit within its establishment ", highlighted the magistrate.
According to the magistrate, the author must be compensated for the damage suffered. “The fracture of the humerus of her right arm, the great pain suffered due to the great injury to the bone, the drugs administered, the time to recover and the limitation of locomotion and autonomy for the day-to-day of the consumer are facts important and essential for proving the alleged moral damage and, evidently, goes beyond mere annoyance, and gives rise to compensation”, says Gomes da Silva. The sentence is still subject to appeal.
The case is being processed under number 0702492-41.2022.8.07.0014