Have you tripped or slipped in a shop and suffered injury?

Accidents can happen anywhere, including in places where you expect to feel safe.

Christmas  is approaching  and if you are one that still likes to visit shops and not buy all your gifts on line, then do be careful as a significant number of trips and slips are caused in shops and the majority of them are through spillages on the floor.

If you are in a shop or a supermarket and you fall or trip over something, you may have a claim against the shop owner or supermarket chain, and these are known as occupiers of premises. 

Occupiers have a duty to ensure that as a visitor you are reasonably safe when using their premises for the purposes of which you are invited or permitted to be there.  In this type of claim you have to prove that the occupier failed in their duty to ensure that the premises were reasonably safe.  Often the maintenance and shop owner’s inspection records can assist in the claim. It is also relevant to know what knowledge the occupier had of the danger and whether it have been expensive or difficult to have removed the danger that caused the accident.

What you should do?

Firstly, ensure that you receive appropriate treatment for your injury. Call a friend or loved one and attend hospital or your GP as appropriate and this will have the added benefit of having the injury suffered contemporaneously recorded.

Before leaving the shop or supermarket, try and get the names and addresses of any witnesses to the slip/trip. These may be other shoppers, or they may be staff members. Witnesses can be vital to successfully making a personal injury claim. Identify what caused your accident and take a photograph if you can.  Ask if there is any CCTV that might show what happened and,  if so,  ask for this to be retained.  Also, what was the lighting like in the premises? Did you notice any warning signs nearby and if so, take a photograph.

Ensure that you tell a Senior Person in the shop about your accident and ask them to record it in their accident book.

Gathering evidence in support of your claim is a big part of the personal injury claims process. The onus is on you as a Claimant to prove it was caused by the shop breaching its duty of care.

What you can claim for?

If you are able to prove fault against the occupier of the premises then you are entitled to claim compensation for your injuries known as general damages which is designed to compensate you for your pain, suffering and loss of amenity and all losses and expenses incurred as a direct result of the accident known as special damages.

To prove your injuries a medical report from an independent expert will be required setting out the injuries suffered, treatment received and the prognosis for the future.  The independent expert will need to confirm that your injuries were caused by the accident and will wish to see a full set of medical records.

With regard to your losses, you need to keep receipts and evidence in support of any losses, expenses incurred.  For the majority of people, loss of earnings is the largest part of any claim for special damages and so wage slips should be kept. It is helpful to keep a diary of your recovery and of all expenses incurred.

CONTACT DETAILS FOR FURTHER INFORMATION

If you have suffered an injury in a shop or supermarket as a result of slipping or tripping over something and you do not believe it was your fault, we will be pleased to advise you on your prospects of a successful compensation claim.   Rachel Barr, Chartered Legal Executive specialising in personal injury claims, would be pleased to meet with you for a free no-obligation initial discussion and can offer No Win No Fee type arrangements for new claims. You can contact Rachel on  01264 353411  or at rbarr@bsandi.co.uk.