Having an accident in a supermarket can potentially be a life changing experience. Fortunately, most of the time these accidents are nothing more than embarrassing ego-damaging events. You can dust yourself off and carry on with your day. However, what if dusting yourself off is not an option? Or what if you leave and then realise you are more seriously injured at a later date?
If this is the case, you may be eligible to pursue a public liability injury claim. You have three years from the date of the accident to launch a public injury claim, unless you had the accident when you were under 18, in which case you have three years from the date of your 18th birthday.
Supermarkets are bound by the Occupiers Liability Act 1957 to provide a duty of care to lawful visitors, so if an accident occurs that was not your fault and leads to you being injured then you should seriously consider seeking compensation. If you are an employee, your employer is bound by common law to protect your safety whilst at work.
At Brown Turner Ross, we can advise you on the strength of your claim and work with you throughout the full claims process on a no win no fee basis to help get you what you deserve.
Falls in supermarkets
One of the most common types of supermarket accident we see are falls due to items being left in a hazardous position and/or slips due to some form of spillage. The main causes of falls are due to food items/debris being on the floor, items not been safely stored or left in a hazardous position (eg, foods from displays/shelving, equipment being left in an unsafe position by staff) or due to the combination of a smooth resin floor with many liquid goods at risk of being damaged/broken, adverse weather conditions from high footfall customers/trolleys. Accidents in supermarkets are always at risk of happening whether the hazard was created by staff members or other customers.
Usually, staff in supermarkets are quite quick and efficient when cleaning up any potential hazards. Any identified spills must be quickly dealt with by placing down yellow hazard signs near the site and then cleaning up the hazard or removing the hazard as appropriate.
If, for some reason, there was no warning of a spillage/hazard and there had been no efforts to clear/move the hazard and as a result of this, you end up injuring yourself, you may be entitled to claim.
Falls in supermarkets have the potential to lead to severe injuries and even minor immediate injuries can lead to bigger problems in the future, so we advise you to always consider seeking legal advice from experienced injury lawyers like ours at Brown Turner Ross for guidance about your specific case.
If you think you may be owed compensation for an accident in a supermarket, fill out the contact form below and we’ll be in touch as soon as possible.
Other Accidents in supermarkets
Slipping on a spilled liquid is not the only type of accident that can occur in a supermarket. Some more examples of situations where you could have a claim are:
- If a shelf or items from shelves fall and it was not your fault, leading to you being injured,
- If you trip on damaged or uneven surfaces,
- If you are injured by a trolley, fixture or fitting due to some defect,
- Or are struck by a roll cage or other piece of equipment being moved by an employee.
This is not an exhaustive list. Basically any accident you can think of that was the fault of the supermarket will leave you with the chance for a personal injury claim due to public liability.
Public or employee claims
Your claim would differ depending on whether you are a member of the public or an employee of the supermarket.
The Occupiers Liability Act 1957 covers lawful visitors (essentially any person who is not a direct employee and is permitted to be in the relevant area). Employees are covered by a common law duty to ensure staff are safe whilst carrying out their employment.
Supermarkets may try and prevent you from making a claim, whether you are a customer or an employee. If you are a customer, supermarkets may attempt to make some form of good will gesture at a much lower sum that you are potentially entitled to and/or try and claim you were negligent. If you are an employee, supermarkets may try and intimidate or threaten you to stop you from making a claim.
Please seek expert legal advice from an injury lawyer if you think you may have the basis for a personal injury claim. At Brown Turner Ross, our injury lawyers are knowledgeable about the Occupiers Liability Act 1957 and common law negligence so we can help guide you with your claim.
What do I do if I am injured in a supermarket?
We always advise people to try and take evidence at the scene of the accident as soon as possible. This is irrespective of where the accident takes place. You should try and gather evidence for a supermarket accident claim just as you would a sports injury claims case or any other injury claim.
In supermarkets specifically, evidence can come from requesting accident record entries, CCTV footage and witness statements collated from other people nearby as part of any investigations completed. If there are any staff members involved ask to take their names and request they report the accident in the supermarket’s records and complete an investigation.
It goes without saying that if you are injured through an accident regardless of where you are you should seek medical attention. Supermarkets will usually have first aid kits and designated staff members on duty who are trained in first aid. It will also give staff the opportunity to remove any potential hazards to prevent further persons being injured.
How much compensation for a fall in a supermarket?
There is no fixed rate of compensation for personal injury claims. For example, bus or train accident claims and supermarket claims can result in disparate compensation amounts depending on type of injury received and how this injury has or will affect you.
The amount that you can claim in compensation upon a winning case will be based on general damages and special damages.
General damages are things like trauma, pain and suffering, and loss of amenities. Special damages are more personable to you as an individual and include your loss of earnings and any financial losses due to costs of care or changes made to your home.
As a guide, if you win your claim then you could expect to receive anywhere between £2,000 to £30,000+ depending on your injury and level of special damages.