On October 11, 2021, a seemingly normal day became a turning point for a client of the Santa Isabel supermarket chainlocated on Almirante Latorre Street N°310, commune of Santiago.
According to information that can be obtained in the court ruling, around 4:00 p.m., while entering the establishment, he encountered a dangerous situation that would change his life: The ceramic floor at the entrance was in poor condition, and when he tripped, he fell directly onto an iron pipe placed to prevent shopping carts from leaving the premises.
The result of this fall It was a fracture in the sternum, leaving him on the ground, with difficulty breathing and semi-conscious for an indefinite period of time.
Despite its clear state of emergency, the handling of the incident by the Supermarket was notoriously deficient.
Witnesses to the accident helped him reach the stairs that lead to the second level of the supermarket, dwhere he had to wait, in extreme pain, for the medical attention that would take a while to arrive.
During the agonizing wait, He was informed that the ambulance Central Post He would not arrive, and he was urged to go to the Mutual de Seguridad by his own means, with the only help of a “paper” provided by the assistant manager of the premises.
However, the pain and disorientation prevented him from moving, finally leading to the Mutual ambulance being called almost an hour later.
After being taken to the hospital, Doctors confirmed the severity of his injuries, stating that he was “very lucky” not to have died due to the impact.
Diagnoses included a confirmed sternum fracture and a chest wall hematoma. The treatment was extensive and painful, including various medications and observation measures.
This tragic event not only resulted in serious physical damage, but also in severe psychological impacts and economic losses, as the client, who works as a transport businessman and tour guide, had to stop working and reject job offers. Besides, He was forced to abandon a mountaineering training he was taking.
Given the seriousness of the situation and the inadequate handling of the accident by the supermarket, The client decided to take the case to court.
The Ninth Civil Court of Santiago ruled in his favor, ordering Cencosud Retail SA to pay compensation of $13,530,270 for the damage caused.
Judge Cecilia Castro Hartard, when issuing the ruling, highlighted the supermarket’s negligence for failing to maintain a safe environment or adequately warn of the dangers present.
