Have you been injured in a shop accident?

If you’ve had an accident in a shop and suffered an injury, you could be entitled to make a No Win No Fee shop accident compensation claim.

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Shop Accident Claims

Going shopping is generally a fun and pleasurable activity during which you would expect to be safe and free from danger. However, shop accidents are actually quite common and can have potentially severe consequences if you suffer an injury.

The most common causes of accidents in a shop include slips, trips and falls, being struck by falling objects, incidents involving machinery and criminal assaults. They could result in minor to severe injuries such as fractures, lacerations and traumatic brain injuries and significantly impact your ability to work and carry out daily activities.

If another party was responsible for your injuries, you might be eligible to start a shop accident claim. You could receive compensation for any physical pain and suffering you sustained, related psychological trauma and financial losses caused by the incident.

To find out if you are eligible for shop accident compensation, call 0800 470 0474 today or enter your details into our online claim form to be contacted by a friendly legal adviser. If you have a valid claim, they will offer you a 100% no win no fee* service, so there will be no financial risk to you in seeking damages.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    Am I eligible to start a shop accident claim?

    If you have an accident in a shop, you will not automatically be entitled to compensation for your injuries and related losses. For a solicitor to accept your case and start a shop accident claim, they must be able to determine that:

    • Another party, such as the shop owner or operator, owed you a duty of care
    • A negligent or intentional act on their part caused a shop accident to occur
    • You suffered an injury or injuries and other losses as a result
    • Your accident took place within the last three years or the relevant timeframe that might apply to your case

    Shops and stores owe all customers, visitors and employees a duty of care to take all reasonable measures to keep the premises as safe as possible and free of hazards. If you had an accident in a shop, a breach of duty could be determined by referring to legislation such as the Occupiers’ Liability Act 1957 and the Health and Safety at Work etc. Act 1974.

    To determine your eligibility and assess the strength of your claim, it is advisable to consult with a personal injury lawyer as soon as possible. They can evaluate the details of your case, review the evidence, and provide you with expert advice on the likelihood of success and the potential compensation you may be entitled to receive.

    If you have a fair chance of making a successful claim, your solicitor will offer to take your case on a no win no fee basis, so there will be no financial risk to you in seeking compensation. They will also help collate evidence for the case and negotiate the best settlement on your behalf.

    Who is liable for a shop accident?

    The liability for a shop accident can vary depending on the circumstances and the specific factors involved. Typically, several parties could be held responsible in a shop accident claim, including:

    The shop owner

    The owner or occupier of the shop has a duty of care to ensure the premises are safe for customers and visitors. They are responsible for maintaining the shop in a reasonably safe condition, addressing hazards, and having appropriate safety measures in place. Under the Occupiers’ Liability Act 1957, some of their duties include:

    • Conduct regular inspections of the premises to identify any hazards or potential risks. This includes monitoring for slip and trip hazards, faulty equipment, or other dangers;
    • Promptly repairing any defects, addressing hazards, and ensuring that the premises are properly maintained and free from dangerous conditions;
    • Provide adequate staffing to ensure the safety of shoppers. This includes having sufficient personnel to monitor the premises, assist customers, and promptly respond to any accidents or emergencies;
    • Ensure that employees have the necessary training and equipment for the job;
    • If any known dangers or hazards on the premises may not be evident to visitors, provide appropriate warnings or signs to alert them of the risks.

    If you suffered an injury due to a breach of any of these or other duties, the shop owner might be liable to pay you personal injury compensation.

    Shop employees

    Shop employees also have a certain level of liability when it comes to accidents involving customers. While the ultimate responsibility lies with the shop owner, employees must exercise reasonable care and take necessary precautions to ensure customer safety. That could include situations where an employee failed to clean up spills, neglected to put up warning signs, or disregarded safety protocols. Their responsibilities may include:

    • Be attentive and observant and monitor the shop floor to identify potential hazards or dangerous situations. They should promptly address any concerns and take appropriate action to prevent accidents;
    • Maintain the cleanliness and orderliness of the shop, ensuring that walkways are clear of obstacles, spills are cleaned promptly, and shelves or displays are secure;
    • Be available to assist customers, especially in areas where there may be a higher risk of accidents, such as carrying heavy items or navigating uneven surfaces;
    • Be knowledgeable about the products sold and provide accurate information to customers regarding their safe use and any associated risks;
    • If an accident does occur, employees should respond promptly by providing necessary aid, securing the area to prevent further accidents, and reporting the incident to the appropriate personnel.

    While shop employees are expected to contribute to maintaining a safe environment, it is essential to note that their level of liability may vary depending on the circumstances and the extent of their responsibilities as outlined by the shop owner. Ultimately, the shop owner holds the primary legal responsibility for accidents that occur on the premises.

    Product manufacturers

    Product manufacturers can be liable for a shop accident if their products are defective or dangerous, causing injuries to customers. When it comes to product liability, manufacturers must ensure that their products are safe for their intended use and in good working order. If a product defect or failure causes harm to a customer, the manufacturer may be held accountable. Several types of product defects can result in liability, such as:

    Manufacturing defects, such as a defectively assembled piece of furniture that collapses and injures a customer;
    Design defects that make a product inherently unsafe, such as a toaster with faulty wiring that causes an electrical shock;
    Inadequate warnings or instructions regarding the safe use and potential risks associated with their products.

    The shop owner may also have a duty to ensure the products they sell are safe for customers. They have a responsibility to conduct proper quality control measures, inspect products for defects, and remove any potentially dangerous items from their inventory.

    Another party

    If you were assaulted by another customer or an employee and all security measures were in place, the attacker will usually be liable for your injuries. In this case, you might be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA).

    The CICA is a government-funded scheme that compensates blameless victims of violent crimes. To be eligible for a CICA claim, you must have reported the attack to the police as soon as reasonably possible and cooperate fully with them during their investigations and any subsequent legal proceedings.

    However, if the shop knew the potential risks or had prior knowledge of the person’s violent behaviour but failed to take reasonable steps to prevent the incident, the owner might also share some liability. It is advisable to seek legal advice from a personal injury lawyer who can assess the details of your case, gather evidence, and determine the parties responsible for your shop accident as soon as possible.

    Claiming compensation as a shop employee

    If you had an accident while working in a shop due to your employer’s negligence, you should be eligible to start a work accident claim. Under the Health and Safety at Work etc. Act 1974, the Workplace (Health, Safety and Welfare) Regulations 1992 and other UK statutory laws that regulate health and safety at the workplace, your employer has a legal duty towards your well-being at work. This includes:

    • Carry out regular risk assessments and take appropriate measures to control and reduce the risks identified;
    • Provide employees with necessary information and training to ensure they can work safely and carry out their tasks effectively;
    • Offer initial and ongoing training in health and safety and provide adequate supervision when necessary;
    • Ensure that the workplace is safe and free from hazards and maintain good housekeeping;
    • Make sure that all equipment and machinery used in the workplace are regularly inspected, maintained, and safe for use;
    • Have procedures in place to ensure the safe handling, storage, and transport of goods, substances, and equipment to prevent accidents;
    • Review the working practices and eliminate all manual handling that is not absolutely necessary;
    • Provide adequate facilities for the welfare of employees, including clean and sanitary toilets, suitable rest areas, and appropriate ventilation and lighting;
    • Involve employees in health and safety matters by consulting them, encouraging their participation, and providing opportunities for feedback and suggestions.

    If you had an accident in a shop and believe it was due to your employer’s negligence, you should seek legal advice as soon as possible to find out if you might be eligible for compensation.

    What should I do if I had an accident in a shop?

    If you are injured in a shop accident, it is crucial to collect as much evidence as possible at the scene and afterwards to ensure that your solicitor can make your case as robust as possible. Although they may be able to collect much of this evidence on your behalf, there are several steps you should take to strengthen your case:

    • Seek medical help as soon as possible, either by calling the emergency services, visiting your GP, a minor injuries unit or the A&E department. That will ensure you have records of any medical treatments you have received, which will serve as essential evidence in your claim;
    • Notify a shop employee or management about the accident and provide them with details of what happened and any injuries you sustained. Make sure they record the incident in their accident logbook and ask for a signed copy of the report as proof of the date, time and location where you were;
    • Gather evidence to support your claim. This may include taking photographs of the accident scene, your injuries, and any hazardous conditions that contributed to the accident. Also, obtain the contact details of any witnesses present at the time of the incident who can support your version of the events in case of liability disputes;
    • Keep copies of any medical reports, invoices, or receipts related to your injuries and treatment. These documents will be important when claiming compensation.
    • Seek legal advice from a personal injury solicitor specialising in helping people who have suffered an injury in a shop. They will assess the details of your case, explain your rights, and guide you through the claims process.
    • If you believe the accident was due to negligence or hazardous conditions in the shop, consider making a formal complaint to the shop management or relevant authorities. That can help ensure that the necessary steps are taken to prevent similar accidents in the future.

    Once liability is established and you have all the necessary evidence to support your case, your solicitor will contact the other side and inform them of your intentions to make a compensation claim. If they admit being at fault for your injuries, you may begin to negotiate your settlement. Otherwise, your solicitor will help you take legal action and argue your claim before a judge. It is worth noting that this rarely happens, as more than 95% of all claims conclude without a trial.

    What are the most common types of shop accidents?

    Although shops and shopping centres may seem like relatively safe places, accidents in shops, stores and shopping centres are unfortunately commonplace, with various injuries sustained in many different ways. The wholesale and retail trade, along with the repair of motor vehicles and motorcycles, have the worst workplace accident statistics, with 97,401 non-fatal injuries in 2018/2019.

    Some of the most common types of accidents that may lead to a shop claim include:

    Slips, trips, and falls

    Slippery or uneven surfaces, wet floors, cluttered walkways, inadequate lighting, and improper signage can contribute to slip, trip, and fall accidents. According to the Health and Safety Executive (HSE), slips and trips are the number one cause of accidents at work, despite being largely preventable. If you slipped on a wet floor in a shop, you might be entitled to compensation for your pain and suffering.

    Manual handling and lifting

    Shop employees regularly perform tasks that involve lifting, carrying, pushing, or pulling heavy objects or loads. Improper lifting techniques, overexertion, inadequate training in manual handling and lack of equipment can lead to musculoskeletal injuries.

    Falling objects

    Falling objects in a shop can pose a significant risk to customers and employees alike and may lead to an accident. Poorly stacked or unstable merchandise, inadequate storage systems, and improper shelving practices can result in objects falling and causing injuries. Poorly built shelves may also collapse and cause injuries, in which case a manufacturing company might be liable for shop accident compensation.

    Machinery and equipment accidents

    Machinery and equipment accidents in shops can occur due to various factors, such as mechanical failures, improper use or maintenance, lack of training, or inadequate safety measures. These can lead to accidents such as entanglement, crushing, repetitive strain injuries or impact trauma.

    Falling from height

    Working at heights poses significant risks if proper safety precautions are not taken. In the UK, specific safety measures must be in place for work conducted at heights exceeding two meters. In shops with elevated areas, such as ladders, stairs, or platforms, falls from height can occur if proper safety measures, such as guardrails or safety harnesses, are not in place.

    Electrical hazards

    Faulty wiring, exposed cables, or malfunctioning electrical equipment can pose risks of electric shocks, burns, or fires. To minimise the risk of accidents, shops must adhere to electrical safety protocols, which may include regular inspections and maintenance of electrical systems, proper training on safe electrical practices for employees, and using appropriate personal protective equipment when working with electricity.

    Violence and assaults

    Violence and assaults in a shop can be distressing and dangerous incidents that pose a threat to the safety and well-being of both employees and customers. Unfortunately, these incidents can occur due to various factors such as robbery, disputes, or aggressive behaviour from individuals.

    To prevent and address violence and assaults in shops, shop owners and employers must implement security measures and provide a safe working environment. These may include the presence of security personnel, installation of surveillance cameras, adequate lighting, panic buttons, and proper training on conflict resolution and de-escalation techniques for employees.

    This list is not exhaustive, so don’t worry if it does not include your particular shop accident. Your solicitor will evaluate your circumstances and ask you a few questions to determine whether you are eligible for compensation. For a free consultation, call 0800 470 0474 or request a call back to find out within minutes what your legal rights are.

    Common injuries for which you could claim shop accident compensation

    In a shop accident, various injuries can occur that may entitle you to claim accident compensation. Some common injuries include:

    • Back and neck injuries: Lifting heavy objects without proper equipment or training can lead to strains, sprains, or more severe back and neck injuries.
    • Head injuries: Falls, falling objects, or collisions with fixtures or equipment can cause injuries such as concussions or traumatic brain injuries.
    • Cuts and lacerations: Sharp objects, broken glass, or malfunctioning equipment can cause cuts and lacerations, which may require medical attention and stitches.
    • Burns: Contact with hot surfaces, open flames, chemicals, or malfunctioning electrical equipment can result in burn injuries with the potential for scarring.
    • Repetitive strain injuries: Continuous and repetitive tasks, such as scanning items at a checkout counter, can lead to conditions like carpal tunnel syndrome or tendonitis.
    • Fractures: Falls, being struck by falling objects, or accidents involving machinery can cause broken bones.
    • Soft tissue injuries: These include sprains, strains, and bruises to muscles, tendons, and ligaments, often resulting from slips, falls, or sudden impacts.
    • Psychological trauma: Violent incidents, assaults, or witnessing traumatic events can lead to emotional distress, anxiety, or post-traumatic stress disorder (PTSD).

    The type and severity of your injuries will not affect your right to start a shop accident claim. However, it will affect the amount of compensation you will receive if your case is successful. Typically, the more severe the injury and its impact on your life, the higher the settlement. For example, a simple fracture of the forearm could be worth up to £15,510, while a very severe brain injury could have a compensation value of up to £379,100.

    Can I make a claim if the shop accident was partly my fault?

    If you had an accident in a shop that was partly your fault, you could still be entitled to compensation for the damages you suffered. In the UK, contributory negligence is a legal concept that comes into play when determining liability and compensation in personal injury cases. It refers to the situation where the claimant’s actions or behaviour have contributed to the accident or the extent of their injuries and subsequent losses.

    In cases of contributory negligence, the court will assess the degree of fault for each party involved. If you have less than 50% of the blame, you will still be able to make a shop accident claim, but the compensation awarded will be adjusted to reflect the percentage of fault assigned to you. For example, if it is determined that you were 20% at fault for the accident, your compensation may be reduced by 20% to account for your contribution to the incident.

    The concept of contributory negligence aims to ensure fairness and balance in personal injury cases by considering the actions and responsibilities of all parties involved. It emphasises that individuals have a duty to take reasonable care for their own safety and to avoid acts that may increase the risk of harm.

    A personal injury solicitor can assess the specific circumstances of your case and provide guidance on how contributory negligence may apply and potentially impact your claim. For legal advice, call 0800 470 0474 today or enter your details to receive a call back.

    How much compensation is a shop injury claim worth?

    If you want to start a personal injury claim, you might wonder how much compensation you could be entitled to. As every case is unique, this will largely depend on the circumstances of your accident and several factors, such as:

    • The type and extent of your injuries
    • How these have affected your work and personal life
    • The financial losses and expenses related to your accident
    • Whether you had any fault for the accident or the severity of your injuries

    Before negotiating your settlement, your solicitor will ensure that all your losses are included in your shop injury claim. You can recover two types of damages:

    General damages refer to the compensation awarded in a personal injury claim for the non-monetary losses you suffered, such as:

    • Physical pain and suffering
    • Mental anguish
    • Emotional and psychological trauma
    • Reduced quality of life
    • Loss of prospects and enjoyment of life
    • Loss of consortium and companionship
    • Loss of amenities like the ability to pursue a hobby

    The specific amount of general damages awarded depends on several factors, including the severity of the injury, its impact on your life, the duration of the pain and suffering, and any long-term consequences or disabilities it may cause. Compensation for general damages is typically determined by reference to similar cases and the guidelines published by the Judicial College. You can find out how much your injury could be worth using our online compensation calculator.

    Special damages are a type of compensation awarded to cover the financial losses and expenses incurred as a direct result of the injury, such as:

    • The cost of medical treatment, surgeries, medications, rehabilitation, therapy, and any other healthcare expenses;
    • Loss of earnings if the injury has caused you to miss work or has resulted in a diminished earning capacity;
    • The cost of transportation to and from medical appointments or therapy sessions related to the injury;
    • The cost of hiring assistance with daily tasks or personal care;
    • Adaptations to your home or the need for specialised equipment, such as mobility aids or vehicle modifications.

    It is essential to keep thorough records and evidence of these financial losses to support a claim for special damages. You should keep any receipts, invoices, medical bills, wage slips, and other relevant documentation as evidence of the incurred expenses.

    Time limits to start a shop accident compensation claim

    If you suffered an accident in a shop, you typically have three years to start a claim under the Limitation Act 1980. According to UK legislation, if you exceed the time limit, the court will no longer accept your case, and you will likely lose your chance to seek compensation.

    There are a few exceptions to the three-year limitation date which may apply to your case:

    • If you are claiming on behalf of a child, you have until they reach the age of 18 to start legal proceedings. Afterwards, they have until their 21st birthday to seek compensation themselves.
    • If the injured person cannot handle their claim due to a lack of mental capacity, you can act as their litigation friend without any time limit. The three-year countdown will only start if the claimant has regained their mental capacity.
    • The date of knowledge will apply if the injury does not become immediately apparent after a shop accident. This refers to the date when you first became aware of your injury and the fact that it was due to someone else’s negligence or wrongdoing.
    • If you were the victim of an assault in a shop, you typically have two years to start a CICA claim.
    • If you slipped on a wet floor in a shop abroad, the time limit to claim might depend on the foreign country’s laws and could be much shorter than three years.

    Regardless of your circumstances, it is always better to seek legal advice as soon as possible. That will ensure that the details of your accident are still fresh in your mind, and your solicitor will have access to as much evidence as possible to build a strong shop accident claim and secure compensation for your injuries.

    Will I be offered a No Win No Fee service?

    If you slipped on a wet floor in a shop or suffered any other shop accident, you might be entitled to compensation for your pain, suffering and financial losses. Despite this, many people feel unsure about starting a personal injury claim, fearing they will be left out of pocket if they do not win the case.

    However, if you have a valid shop accident claim, the personal injury solicitors we work in partnership with will offer you a 100% no win no fee service. This means you do not have to pay any upfront fees for legal advice and representation. Hiring a no win no fee solicitor to pursue compensation brings many benefits, including:

    • Handle all communication and legal aspects of your case while you can focus on your recovery;
    • Help you collect evidence to show liability and the extent of your losses;
    • They will know exactly how much your claim is worth and will fight to negotiate the best compensation on your behalf;
    • They will have extensive experience and knowledge of handling similar cases;
    • Keep you updated on proceedings and review any settlement offers with you;
    • If you lose the claim, you do not have to pay them a single penny, as they take on the risk of litigation by offering you the Conditional Fee Agreement.

    If you start a No Win No Fee claim, you only have to pay anything to your solicitor if your case is successful. After you receive shop accident compensation, they will get a success fee you agree upon from the beginning and cannot exceed 25% of your settlement.

    If you believe you have a valid claim for an accident in a shop, call 0800 470 0474 today to speak to a legal adviser. They can let you know within a few minutes if you are eligible for a no win no fee agreement and will answer any questions you might have about the claims process.