Cost Right to $31,000 compensation to injured shopper | Business

The Supreme Court ordered wholesale grocer and retail store Costs Right to pay $31,545.17 in damages for an injured customer.

In her ruling dated November 19, 2024, Judge Camille Darville-Gomez said Cost Right owed a “duty of care” to customer Pamela Graham, who was injured when a box of tissues fell on her while shopping. Shopping on October 18, 2017.

Graham had pre-existing health conditions as a result of a car accident in 2014 and was claimed as disabled by the National Insurance Board. He sought $134,113.14 in damages as a result of his injuries at the Cost Right store, which the court reduced to $31,545.17.

Cost Right claimed Graham contributed to his own injuries at their store by “failing to take reasonable steps to ensure his own safety.”

Cost Rights manager Raymond Rolle said the store’s shelves are stocked to industry standards and the store’s aisles are inspected every 30 to 60 minutes. Darville-Gomez said this “does not rebut the presumption” that the toilet paper container actually fell on Graham. He added that Graham’s reaching for other products on the shelves did not mean he was putting himself at risk because he was only doing what he had a right to do as a customer.

Graham presented ample evidence confirming the injuries he suffered at Cost Right and were consistent with what he initially claimed happened to him. Graham claimed he was injured in his left eye and left shoulder. Other injuries to his head, face and neck were not directly related to the breach of Cost Rights.

Graham also submitted documentation of “special damages,” including medical expenses from before the date of the accident. Darville-Gomez discarded them and assessed only the damage to Graham’s left eye and left shoulder ($7,000 and $5,000, respectively) and overall damage totaling $12,000.

Darville-Gomez also awarded an additional $19,545.17 in special damages, covering Graham’s visits to Princess Margaret Hospital, the Ash Eye institute, physiotherapy and medication, and follow-up visits to his doctor. Excluded $7,194.26 from the initial total for items deemed to have occurred prior to the event, including the Bahamas Vision visit, Nubirth Hearing Services and Hear Life visits, as well as MRI costs because the MRI had already been billed and determined by the Department of Social Services.