Supermarket Accident Claims

Being involved in an accident at a supermarket is a relatively common scenario for personal injury solicitors. If you find yourself in this situation, knowing and understanding the steps involved in making a supermarket accident claim is essential.

If someone else has caused you harm by acting negligently, you may be eligible to recover compensation for any injuries and financial losses you incurred. The most common circumstances leading to claims against supermarkets include slips, trips and falls, manual handling injuries, damaged shelving and unsafe supermarket car parks.

An experienced solicitor can guide you through the process of building a strong case and achieving the maximum compensation for your supermarket injury claim. To arrange a free consultation, call 0800 032 3660 or use our online claim form to receive a call back with no obligation to proceed.

Am I eligible to make a claim for a supermarket accident?

When visiting a supermarket, you are within reason to expect a safe and suitable environment. The owner of the supermarket is legally obligated to ensure that their premises are free of potential hazards and safe for customers, visitors and workers.

Under the Occupiers Liability Act 1957, the occupier of the premises is responsible for taking preventative measures to minimise potential risks of accidents and injuries. If this duty of care is breached, accidents may occur, some with severe consequences.

Worker safety is also covered by the Health and Safety at Work etc. Act 1974. The Act requires employers to take all reasonable measures to safeguard the health and safety of employees at work. This includes providing adequate personal protective equipment and appropriate training on injury prevention and good work practices.

Any person who has suffered an injury due to an oversight or poor management of a supermarket is likely to be eligible to claim compensation. If you believe you were harmed due to intentional or negligent behaviour, you should get legal advice from a solicitor.

To determine whether you have a valid supermarket accident claim, the legal adviser will verify that:

• Another party, such as the owner or staff of the supermarket, have not observed their duty of care towards you
• This breach of duty caused an accident, such as a slip, trip or fall
• You suffered an injury as a result of this within the last three years

If your case has merit, your solicitor will handle all the legal aspects and refer to relevant UK legislation to prove a breach of duty. They will also help you gather everything you need to pursue supermarket accident compensation and provide support and advice at every step of the process.

What will I need in order to make a supermarket accident claim?

If you have been involved in an accident whilst shopping in a supermarket, you may be eligible to claim compensation for any injuries or financial losses you incurred. This is the case whether your accident happened in a small independent supermarket or one of the well-known national chains, such as Tesco, ASDA, Morrisons, Sainsburys, Aldi or Lidl.

To make a successful supermarket accident claim, you should gather as much evidence and information as possible, as this will help your solicitor build a strong case. Taking the following actions will be of great help when claiming compensation:

• Gather evidence of your injuries. Even if your injuries seem minor, you should visit your GP, the hospital or a minor injuries unit for evaluation as soon as possible. Your solicitor may also arrange a free medical examination with an independent professional to assess the long-term impact of your injuries. Collecting and keeping medical evidence can help strengthen your case and ensure you receive the compensation you deserve.
• Obtain visual evidence of the accident. It is wise to take photographs or a video of the area in which your accident occurred, as this can serve as crucial evidence in a supermarket injury claim. These will give you visual proof of any hazardous conditions in the area, such as wet floors or improperly stored items.
• Visual evidence can help establish fault and demonstrate that the supermarket was negligent in maintaining a safe environment. This can significantly strengthen your case and increase your chances of receiving compensation. If any CCTV cameras have captured the incident, you are within your rights to ask for a copy of the footage.
• Officially report the accident to the supermarket. The supermarket may provide an accident form, which should be completed with as much detail as possible, including the time of the accident, its likely cause and any known effects. If an accident form is not available, the supermarket is legally obligated to record the incident in its accident book. This may help to prevent similar accidents from happening in the future and serve as the basis for your claim.
• Obtain witness details. Witnesses can be valuable in supporting your accident claim, so it’s a good idea to note down the names and contact details of anyone present at the time of your accident. If you do go on to make a personal injury claim, your solicitor can contact these witnesses to secure a statement about what they saw during or after the incident.
• Document your accident and losses. Write down the date, time, and location of the accident, as well as any relevant details about what happened and how it has impacted your life. You should also keep track of all the financial losses and expenses you’ve incurred due to the accident, such as receipts, invoices, and pay slips. These documents will help your solicitor build a stronger case for compensation.
• Begin legal proceedings with an experienced solicitor. Injury solicitors are experienced and skilled in supermarket accident claims. They will work closely with you to ensure you build a strong case and achieve the maximum compensation for your injuries and associated financial losses.

Overall, the evidence and documentation you will need may vary depending on the specifics of your case. It is best to consult with a personal injury solicitor who can advise you on what is required to pursue supermarket accident compensation.

Legislation relevant to accidents in supermarkets

The primary laws relevant to supermarket accidents are the Occupiers Liability Act 1957 and the Occupiers Liability Act 1984. These impose a duty of care on the occupier of premises to take reasonable steps to ensure the safety of clients and visitors, such as:

• Maintain the premises in a safe condition;
• Carry out regular inspections to identify and fix any potential hazards;
• Warn visitors of any potential risks that cannot be removed;
• Take appropriate steps to ensure that visitors are safe, even if they use the premises in an unusual or unexpected way.

The duty of care also extends to ensuring that the premises are safe for children. This involves taking special care to ensure children are not exposed to any dangers they are unlikely to appreciate or understand the risk of.

If a supermarket manager or owner breaches their duty of care and someone is injured, they may be held liable for these injuries and any resulting financial damages in a supermarket accident claim.

With regards to supermarket employees, the Health and Safety at Work etc. Act 1974 may also be relevant in cases where an accident in a supermarket is caused by a failure to follow appropriate health and safety procedures. Other regulations, such as the Manual Handling Operations Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998 (PUWER), may also be relevant to supermarket worker accidents depending on the circumstances. These laws require employers to ensure the safety of workers by taking reasonable steps such as:

• Provide and maintain safe plant and systems of work;
• Ensure the safe handling, storage, use, and transport of goods and substances;
• Provide information, instruction, training, and supervision to ensure the health and safety of employees;
• Maintain the workplace in a safe condition and provide adequate welfare facilities;
• Develop and put in place health and safety policies and risk assessments;
• Consult with employees and their representatives on matters of health and safety;
• Avoid manual handling when reasonably practicable and take appropriate steps to reduce the risk of injury arising from any hazardous manual handling operations that cannot be avoided;
• Provide information and training on how to carry out manual handling tasks safely;
• Ensure that work equipment is suitable for its intended purpose and maintained in a safe condition;
• Provide employees with any necessary personal protective equipment (PPE).

If you suffered an injury while working in a supermarket due to your employer’s negligence, you might be entitled to supermarket accident compensation.

Common supermarket accidents that could lead to a claim

Many different incidents could occur in a supermarket, and any of them could lead to a supermarket accident claim. Some common examples include:

Slips, trips, and falls

Slips and trips can happen due to wet floors, spills, uneven surfaces, or obstacles left in aisles, such as pallets. Supermarkets are responsible for keeping aisles as clean as possible and ensuring that spills are cleaned up promptly. They should also ensure that all flooring and stairs are in good condition and free from defects that could cause accidents.

Falling objects

Products falling from high shelves or improperly stacked goods could land on a shopper, causing injury. Any shelving and displays should be designed and maintained in a way that minimises the risk of falling objects. If a supermarket breaches this duty and you are injured as a result, you may be eligible to make a supermarket accident claim.

Defective equipment

Malfunctioning shopping carts, trolleys, escalators, or elevators can lead to potential customer injuries. For example, if a faulty trolley wheel causes it to tip over and hurts you, you might be entitled to damages for the resulting injuries. The supermarket must ensure all equipment shoppers and employees use is regularly inspected, maintained and repaired to prevent such accidents.

Manual handling injuries

These can occur in a supermarket setting when employees are required to lift, carry, or move heavy objects such as boxes or crates of goods. If the employer has not taken appropriate measures to ensure the safety of workers and provide adequate training, manual handling injuries may occur. In some cases, customers may also be injured if they are required to handle heavy objects themselves due to a lack of assistance or signage.

Accidents in supermarket car parks

Many hazards could cause supermarket car park accidents, such as poor layout and design, pavement defects or malfunctioning barriers. If the occupier of the premises has failed to take reasonable measures to reduce or eliminate risks, you might be entitled to claim injury compensation. Common car park accidents include:

• Vehicle collisions due to poor lighting or inadequate signage;
• Injuries to pedestrians caused by lack of adequate walkways;
• Slips, trips and falls due to uneven surfaces, potholes or icy conditions that have not been gritted;
• Trolley accidents can occur when a shopping trolley is left unattended or rolls away, causing injury to a person;
• Criminal attacks can be due to inadequate security measures, such as a lack of CCTV or proper security personnel.

If you want to find out if you can claim compensation for a supermarket accident, the legal advisers at Injuryclaims.co.uk will happily review your case on a no-obligation basis. Call free on 0800 032 3660 today or enter your details into our call back form to find out if you can start a supermarket injury claim.

What type of injuries can I claim compensation for?

An accident in a public place can be distressing, especially if it results in a personal injury. Such incidents can lead to a variety of injuries to customers and employees alike, such as:

Sprains and strains

A sprain is a stretch or tear of a ligament and can occur when a person twists awkwardly or falls on an arm or leg. A strain is an injury to a muscle or tendon caused by overuse or sudden twisting or pulling motions. In a supermarket, sprains and strains can be due to slipping on a wet floor, tripping over an obstacle, or carrying heavy objects. Symptoms can include pain, swelling, bruising, and stiffness in the affected area and may take several weeks or months to fully heal, depending on the severity.

Cuts and bruises

Cuts can result from sharp objects, damaged shelving, broken glass or uneven surfaces in the supermarket. Bruises can be caused by slips and falls, falling objects, or even collisions with shopping trolleys or other equipment in the store. While cuts and bruises are typically minor injuries, they can still be extremely painful and may require medical attention. In some cases, they can also lead to more severe complications such as infections or scarring and may entitle you to start a supermarket injury claim.

Fractures

Fractures are injuries in which one or more bones in the body are cracked or broken. Symptoms of a fracture can include pain, swelling, bruising, and difficulty moving the affected limb or body part. They can range from minor hairline cracks to severe breaks that require surgery to repair and may be visible through the skin. Common causes of fractures in a supermarket include slips and falls, falling objects and car park accidents.

Head injuries

In a supermarket, head injuries can be due to slip and fall accidents, falling objects, and other types of trauma. They can range from minor bumps and concussions to more severe injuries such as skull fractures and traumatic brain injuries. Symptoms of head injuries may include headaches, dizziness, confusion, memory loss, and loss of consciousness. It is essential to seek medical attention immediately if you suspect you or a loved one has a head injury, as some symptoms may not be immediately apparent and can worsen over time.

Back injuries

Back injuries can also occur due to a supermarket accident, particularly if someone slips on a wet floor or falls on a hard surface. These types of accidents can cause sprains, strains, or fractures to the back, as well as damage to the spinal cord. Back injury symptoms may include pain, stiffness, difficulty moving, tingling or numbness. In severe cases, a back injury can even cause paralysis, which can have a devastating, permanent impact on your life.

Whiplash

Whiplash is typically caused by a sudden jolt to the head, neck or shoulders, which can happen in a slip and fall, or a collision with a shopping trolley, for example. Whiplash symptoms include neck pain, stiffness, headaches, and tingling sensations. If you have suffered whiplash in a supermarket, you should seek legal advice as soon as possible to find out if you could claim supermarket accident compensation.

This list is not exhaustive, and supermarket negligence can lead to many other injuries, ranging from minor to severe. The type and extent of the harm you suffered will be essential in determining how much compensation you could receive in a supermarket accident claim.

How much compensation will I receive for a supermarket injury?

The amount of compensation that you are awarded for your supermarket accident claim will vary greatly depending on your specific circumstances. Each claim will be assessed to establish liability and the extent of the injuries and losses sustained. If you make a successful claim, your compensation will be made up of two types of damages:

General damages compensate you for the injury you suffered and how it has impacted your life. This will take into account the following:

• Physical pain and discomfort
• Emotional distress, such as anxiety, fear and trauma
• Reduced quality of life
• Loss of consortium or companionship
• Loss of ability to enjoy leisure activities
• Scarring and disfigurement
• Physical or mental disability

Special damages are awarded on top of general damages to compensate for any expenses, financial losses and other costs caused by your accident, such as:

• Loss of income and earning capacity if you cannot return to work or have to take a lower-paying job.
• Travel expenses for ongoing medical visits or the cost of alternative transport if you were temporarily unable to drive;
• Medical expenses for painkillers, prescription costs or physical therapy;
• Costs of hiring help during your recovery period or to cover permanent at-home care, even if provided by friends or family;
• Mobility aids or home adaptations that you may require if you have become permanently disabled;

When negotiating how much compensation you should receive for general damages, your injury lawyer will refer to the yearly guidelines published by the Judicial College. Below you can see some examples of recommended settlements for some of the most common injuries suffered in supermarket accidents:

• £2,810 to £3,790 for a minor wrist fracture or soft tissue injury
• £7,890 to £12,510 for a minor back injury, such as soft tissue damage, with a full recovery within two to five years
• £74,160 to £88,430 for severe back injuries causing impaired mobility or loss of sensation
• £186,890 to £240,590 for head injuries causing severe physical symptoms and changes to personality or intellect
• £240 to £4,345 for whiplash, based on how long recovery will take and whether it has also caused psychological trauma
• £17,960 to £27,760 for moderate leg injuries that may cause some degree of long-term mobility issues

An experienced solicitor can fully evaluate the details of your case and offer you a guideline as to the expected compensation award you are likely to achieve. For a free consultation, call 0800 032 3660 or enter your details here to receive a call back.

What are the time limits for making a claim?

If you are thinking about making a supermarket accident claim, it is essential to remember that there is a time limit. Under the Limitation Act 1980, the time limit to pursue compensation for adults is three years from the injury date. You will likely lose your right to claim compensation if you miss this deadline.

There are a handful of exceptions to the three-year limitation period, such as:

• If an injury is not immediately apparent, the three-year countdown begins on the date of knowledge. This refers to the date when you became aware or should have become aware of the injury and its cause.
• For children who have suffered an accident in a supermarket, the three-year period commences on their 18th birthday unless a parent or guardian of the child opts to initiate a claim before this date. In this scenario, any compensation awarded to the child will usually be held in an account that will only become accessible to them on their 18th birthday.
• There are no time limits to start a supermarket injury claim for someone who cannot manage their case due to a lack of mental capacity. This could be due to several factors, such as developmental disabilities, brain injuries, dementia, mental illness, substance abuse, or other medical conditions affecting cognitive function.
• The time limit to claim for an accident abroad will depend on the laws of the country where the accident occurred. In some cases, you may have a shorter time limit to claim than you would in the UK, so it is crucial to seek legal advice as soon as possible.
• If a loved one has passed away due to a supermarket accident, you will have a time limit of three years from the date of their death to initiate a claim. If a post-mortem examination determines that an injury in a supermarket was the cause of death, you will have three years from then to start a claim.

Can I claim against a supermarket on behalf of my child?

Yes, as a parent or legal guardian, you can claim on behalf of your child if they have been injured in an accident. Children under 18 are not legally allowed to make a supermarket accident claim themselves, so it is up to their parents or guardian to pursue compensation on their behalf.

This is done through a process known as litigation friend, where a parent or guardian is appointed to act on behalf of the child in legal proceedings. To become a litigation friend, you must apply to the court. The court will consider your application and will want to ensure that you are acting in your child’s best interests and can make decisions about the claim fairly and competently.

You may want to speak with a solicitor experienced in supermarket injury claims. They can advise you on the legal process and help you understand what is involved in being a litigation friend. Depending on the circumstances and severity of injuries sustained, being a litigation friend can be a long-term commitment which brings duties such as:

• Collecting any evidence that could support your child’s claim
• Making sure the child receives proper medical care for their injuries
• Obtaining legal advice
• Providing instructions to the solicitor
• Attending court hearings
• Paying any fees requested by the court
• Considering any settlement offers made by the supermarket or insurance company

It is important to note that as the litigation friend, you will be responsible for making decisions on behalf of your child and ensuring that any compensation awarded is used for their benefit. Therefore, it is essential to seek the advice of an experienced solicitor who can guide you through the process and protect your child’s best interests.

What are the benefits of making a no win no fee supermarket injury claim?

If you have a valid supermarket accident claim, your solicitor will represent you on a no win no fee basis. This service offers several benefits, including:

• No upfront costs: With a conditional fee agreement, you don’t need to pay anything upfront to your solicitor. They will only receive a success fee if you win your case, which is capped at 25% of your settlement.
• Access to justice: A no win no fee claim allows people who might not otherwise be able to afford legal representation to pursue compensation.
• Reduced financial risk: Because you will not have to pay any legal fees if you lose your case, you will not be at risk of being left with a large legal bill. This is made possible by an After the Event insurance policy, which is a legal expenses insurance policy designed to cover the costs of legal proceedings if the policyholder loses their case.
• Increased motivation for your solicitor: As solicitors only get paid if the claim is successful, they are often highly motivated to work hard on the case and achieve the best possible outcome for their client.
• Peace of mind: Claiming on a no win no fee basis is risk-free, as you will not pay your solicitor a penny if you don’t win compensation.

If you would like to start a supermarket injury claim on a no win no fee basis, call 0800 032 3660 today for a free consultation with a legal adviser. You can also arrange this by entering your name and telephone number into the contact form below. A friendly legal adviser will give you a call back to discuss your claim.