A customer who was injured after she got pinned between two trolleys during an incident at PriceSmart in La Romaine is threatening to sue should the company fail to pay her compensation.
Through her attorneys Michael Rooplal and Jamie Maharaj, of Omega Chambers, Sharida Khan-Prescott has sent a pre-action protocol letter to PriceSmart Clubs Ltd.
She is contending that the accident occurred as a direct result of the company’s negligence and/or breach of occupiers’ liability and/or breach of its statutory duty, pursuant to the Occupational Safety and Health Act.
The accident allegedly took place on March 3 as Khan-Prescott was leaving the La Romaine warehouse with her purchased items in a trolley. She was with her six-year-old daughter and a family friend.
According to the letter signed by Maharaj, their client was using the travellator from the upper floor to get to the car park on the ground floor.
“Our client’s trolley was securely placed on the travellator by an agent and/or servant and/or employee of PriceSmart and our client, her daughter and friend stepped onto the travellator and stood behind it whilst our client was holding onto the handle of the trolley. This was in keeping with the instructions issued to our client by the said agent and/or servant and/or employee of PriceSmart,” stated Maharaj in the letter.
She further stated that the employee then proceeded to place another trolley immediately behind their client.
“Our client indicates that soon thereafter, as our client was midway along the travellator as it descended to the ground floor, the trolley immediately behind her came rolling downwards towards her. Our client’s friend observed what was happening, shouted a warning to our client, however, our client was pinned in between the runaway, which was filled with items purchased by another customer of PriceSmart, and her trolley. The said runaway trolley hit our client on her lower back and remained there until she reached the ground floor.”
They further claimed that there were no employees at the bottom of the travellator to assist Khan-Prescott, so her friend had to help in removing her from between the trolleys.
The user of the runaway trolley asked Khan-Prescott if she was okay and then left.
However, Maharaj said their client experienced severe pain while walking toward her car and a few moments later, returned to the store to report the incident to the manager.
Maharaj stated that when Khan-Prescott spoke to the employee who claimed to be one of the managers, he replied, “What am I supposed to do for that?”
Maharaj said their client was taken aback by his tone and spoke to him about the safety of persons who attend the premise and that led to an argument.
They claimed Khan-Prescott requested that the manager review the CCTV footage but he refused to do so in her presence.
A security guard then gave her a piece of paper on which she made a note of the incident.
Maharaj stated that shortly after, their client was provided with a letter dated March 3, 2022, addressed to Gulf View Medical, La Romaine, stating that she had sustained an injury to her lower back and they requested that Gulf View Medical provide the necessary treatment and forward any bills for that visit to them.
According to the letter, Khan-Prescott, a bar proprietress, experienced continuous pain for two weeks and was unable to open her business.
They further stated that Khan-Prescott’s daughter was distressed and traumatised by the accident and this has caused her (Khan-Prescott) emotional stress.
“In the premises, we are instructed by our client to formally call upon PriceSmart to pay damages to our client, including special damages in the sum of $13,300 and our client’s legal costs to date in the sum of $2,500, in respect to PriceSmart’s negligence and/or breach of statutory duty,” Maharaj stated in the letter.
PriceSmart was put on notice that should they fail to do so within 28 days, the lawyers have been given instructions by Khan-Prescott to institute legal proceedings against the company without further notice.
