The customer was walking out when the arm of the boom came crashing down on her head.
The Pietermaritzburg High Court subsequently found in favour of Pillay and said the retailer was 100% liable to compensate her for damages.
But the Supreme Court, in its judgment, said it must be emphasised that the path taken by Pillay that day on her way out of the shopping centre was the route of choice for shoppers with their trolleys. The pole weighed 2.4kg. The box containing the mechanism of the boom is bright yellow and plainly visible.
They were engaged in conversation and Pillay said she was in a hurry and did not pay attention to her surroundings. Pillay said the retailer was negligent as the boom was positioned immediately adjacent to a popular pedestrian walkway.
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