Supermarket Accident Claims for Compensation
A Short Guide
Find out how much your personal injury claim may be worth
Supermarket accidents can happen to anybody and can include slips, trips and falls in a supermarket. This can give rise to supermarket accident claims as they can result in pain and injury.
Supermarkets can be busy places with a lot of stock all around you. This is a recipe for potential accidents to happen. There are safety measures and health and safety laws which will usually help protect us against accidents in supermarkets. However, sometimes, even with the best effort to ensure procedures and safety laws are followed, accidents still happen.
It should be noted that it is not only customers who can make a claim for a supermarket accident, it can also be staff members as the supermarket will also have a duty of care to ensure the safety of their staff.
What causes Supermarket Accidents?
There can be a number of causes of accidents at the supermarket. Examples include wet floors in the supermarket. Supermarkets have a duty to their customers to ensure the floors in their premises are dry, and that warning signs are places where hazards may occur. Spillages are required to be cleaned up as soon as possible so that they do not cause accidents.
Supermarket accidents can also arise from dangerous machinery and structure such as forklift trucks, racks and shelves. Shelves for example are required to be checked regularly. Failing to do this can cause for selves to collapse with the goods they hold, which can cause injury.
Should items fall from shelves, it may cause an accident by way of tripping over the product which is on the floor. It is the supermarket’s duty to ensure these hazards are not in the customer’s way.
What should I do after the accident?
There are a number of steps you should try to take after an accident in the supermarket. These include:
· Report the accident to the supermarket. Supermarket staff should always record details of the incident in their accident book. You are entitled to a copy of the entry which will provide you with proof that the accident occurred.
· If there were any witnesses around at the time of your accident, find out if they are happy to provide you with their details so we can contact them for witness evidence.
· Take photographs of the cause of the accident and your injury if possible.
· See a doctor for your injury. This is important to manage the pain which can arise from the injury but can also be used as evidence of the injury you sustained.
· Try to write down exactly what happened as soon as possible, so you do not forget important details of how and when the accident happened.
Who is at fault?
Supermarkets have a duty of care to their customers under the Occupiers Liability Act. Their duty includes keeping the supermarket safe for their customer’s use. Whilst it can be easy to blame yourself for an accident occurred at the supermarket, here is a list of factors to consider when assessing if the supermarket is at fault for your injuries:
– Was there hazards or spillage on the floor, which caused you to slip and fall? If the answer is yes, then the supermarket has breached its duty to keep your shopping environment safe.
– Did the supermarket put hazard signs around spillages or any other hazard? If they did not, then the supermarket is likely to be liable for your supermarket injuries.
– Were there structures or equipment in place which could have caused you harm or did cause you injury? If so, it is likely that the supermarket has breached their duty of care to you.
– Did the supermarket follow health and safety rules? More information can be given around health and safety rules which apply to your scenario by Beacon Law.
It is difficult to decide whether the supermarket is at fault for your injury. Discussing your case more specifically with Beacon Law can help you identify who is at fault and whether you have reasonable prospects of success for pursuing a personal injury claim.
Is there a time limit?
The time limit for supermarket accident claims is usually three years from the date of the accident. This means a claim needs to be brought within three years of the accident happening. This time limit can be varied under certain circumstances. To discuss these circumstances where the time limit for bringing a claim can be extended, please contact Beacon Law.
How Much Compensation will I Receive?
The amount of general damages you receive will be based on your pain, suffering and loss of amenity. Valuation of your damages will vary based on the injury sustained. Personal Injury compensation can be anything from £1,000 to £100,000 (or more) depending on the severity of the injuries sustained. It is therefore very difficult to assess the level of damages you may be entitled to without first assessing your injuries and your case in detail.
What Type of Damages am I Entitled to Claim?
Both general and special damages can be awarded to you. General damage includes the injury and the suffering and the pain which you have sustained. Special damages include the financial strain your injury has had. For example, if you have not been able to work as a result of your accident, then we will seek damages for this also.
Furthermore, any medical and travel expenses you may incur as a result of the accident can also be recovered, so keep hold of any receipts for your expenses.
How is a Claim Funded?
Your claim will be funded on a ‘no win no fee’ basis. A ‘no win no fee’ claim is based on an agreement which you will enter into with Beacon Law which means that as long as you comply and cooperate with us throughout your case, you will not be required to pay any fees even if you lose the claim.
What is the Process for Supermarket Accident Claims?
Accident compensation claims such as supermarket accident claims begin with your instructions to Beacon Law to act on your behalf as your Solicitors. We will discuss the process of making a supermarket accident compensation claim, the circumstances of the accident, and we will also take detailed instructions around the injuries you have sustained. It is important for the claims process that we obtain evidence to strengthen your case. We will assist you in obtaining any medical evidence such as if you attended the GP in relation to your injuries, we would obtain your GP records. We will also locate an independent medical expert who can assess your injuries for the purpose of providing evidence on your compensation claim.
Once instructions are provided, and evidence is obtained, we will notify the relevant supermarket of the claim we intend to bring. We will seek disclosure from the supermarket of their records, such as their accident book in the event that the accident you suffered was logged. We will continue to liaise with the supermarket on your behalf, and you will have no direct contact with them.
We will negotiate a settlement with the supermarket and their insurers. We will ensure that within these settlement agreements, both general damages and special damages are included.
If a settlement cannot be reached, it may be necessary to file the case with the Court who will provide their input and assistance in ensuring the claim is ran efficiently. The Court process can be lengthy and simply notifying the matter with the Court does not always result in attendance at Trial.
Why Choose Beacon Law?
Beacon Law are specialist personal injury Solicitors. We have helped many other clients receive a compensation award for their injuries. We deal with personal injury claims on a daily basis and have vast experience in injury-related cases.
Claiming compensation can be a difficult task to take up on your own. It is essential that you have expert Solicitors to guide you through the process.
If you have been injured in a supermarket, you can start your claim by having an initial consultation with a member of staff from our personal injury department. Simply having a chat with us about your case does not mean you have to choose us to act as your Solicitors. It may be useful to discuss the circumstances specific to your case and obtain legal advice by way of an initial consultation.
You can request an initial consultation by completing the online help form and an expert in the field with contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.