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Escalator accident: woman will receive R$ 13 thousand

11/21/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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In January 2009, the victim had part of the scalp pulled out in the accident.

The 4th Civil Chamber of the Court of Justice of Espírito Santo (TJES) set the amount of compensation for moral damages that Riachuelo is expected to pay to the customer who crashed on an escalator inside the store in January 2009 at R$ 10,000. , Suffering scalping on the scalp. In addition, the Collegiate condemned Riachuelo to pay R$ 3,000, as compensation for cosmetic damages. The client will also be indemnified in R$ 18.47, corresponding to the material damages suffered. The amounts will be monetarily adjusted and plus interest.

The unanimous decision was rendered in the judgment of the Civil Appeal nº 0020491-45.2009.8.08.0024. According to the records, the client suffered the accident on the escalator when it collided with a piece of decoration attached to the stairs. Still according to the file, the woman was submitted to a surgical procedure, having the head sutured in 54 points. In his defense, Riachuelo claims that the accident occurred because of the improper use of the escalator by the victim, who would have thrown his body out, colliding with the adornment. The store also alleges that there are safety notices on the escalators and that the customer was referred to the hospital.

For the rapporteur of the Civil Appeal, Judge Walace Pandolpho Kiffer, there is no way to dispel the guilt of the store. "I understand that despite the fact that the victim should have been careful to use the escalator to compete for the accident, I do not see how to remove the fault also from Lojas Riachuelo, who, by offering products on shelves located on the bottom floor of the store , Ends up attracting the attention of the consumer, which, in an automatic and even natural way, can eventually be neglected, eventually inclining and consequently generating the accident, as occurred in the case in the case, "says the rapporteur.

The magistrate points out that the shop has ignored the manufacturer's standard, "which warns and indicates orientation for protection barriers in the case of escalators arranged crosswise with the roof and that would certainly avoid the accident and the proportion in which it He gave". The rapporteur also understood that aesthetic damages are due, since a scar of 15 centimeters has been proven in the frontal region of the victim's head, although covered by the scalp.

Judge Walace Pandolpho Kiffer also states that "the accident of which he was a victim has gone beyond the sphere of mere annoyance, provoking a sense of anguish, pain, grief, unbearable to ordinary citizens and earners of moral damages. In addition, one must take into account the physical pain experienced by the victim due to the injury suffered, the consistent treatment in surgery and the amount of points that had to take in the region, "concluded the rapporteur, being accompanied by other members of the Collegiate.

 

Source: TJES

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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