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Being injured in a shop accident is not the in-store experience that anyone wants. After all, the last thing you would expect is to get hurt while doing something as innocuous as shopping, but such accidents happen, often with far-reaching repercussions. If you have had such an experience, you may be wondering about your next steps and whether you can make an accident in a shop claim. Whilst claims can’t erase what happened, they can play a meaningful role in the recovery process and help people get their lives back on track. If you would like to learn more, please continue reading to find out all you need to know about claiming compensation.
At any point in this guide, you can reach out to our advisors for a completely free, no-obligation consultation. They’ll carefully assess your case and tell you if you can make a public liability claim with one of the No Win No Fee solicitors from our panel. Get started today using the following contact options:
- Call our advisory team on 0333 000 0729 now.
- Contact us online.
- Ask our advisors anything about your accident in a shop claim through the live discussion feature.
Frequently Asked Questions
- Can I Make An Accident In A Shop Claim?
- What Should I Do If I Have An Accident In A Shop?
- How Much Compensation Can I Get For A Shop Accident?
- Why Should I Make A Shop Accident Compensation Claim?
- What Are Some Examples Of Accidents In A Shop?
- Can I Make A No Win No Fee Shop Accident Claim
- More Information
Can I Make An Accident In A Shop Claim?
You can make an accident in a shop claim if you meet 3 specific criteria as follows:
- There was a duty of care in place at the moment of injury (we explain what this means below).
- Those in charge breached the duty of care.
- You suffered harm as a result.
Simply put, a duty of care is the responsibility that a third party has to protect the safety of others. Since shops are a public space, the Occupiers’ Liability Act 1957 applies. Under this act, occupiers like shops have a duty of care to take practical steps to ensure the reasonable safety of visitors, including customers. Later on in this guide, we’ll illustrate how shops might fail to meet their duty of care.
Can I Make A Shop Accident Claim On Behalf Of My Child?
If the criteria listed above are satisfied, you can make a shop accident claim on behalf of your child. Parents and other family members can do so by acting as a litigation friend. This role is necessary in cases involving minors, as those under the age of 18 are too young to start a compensation claim themselves. A litigation friend handles all the requirements of the claim, such as keeping a loved one updated about their case or communicating with a solicitor.
If you would like to speak to our advisors about being a litigation friend, please use the contact details included in this guide. Our advisors are available throughout the week to discuss your potential shop accident claim and can answer any questions you might have about being a litigation friend.
What Should I Do If I Have An Accident In A Shop?
If you have an accident in a shop, the first thing you should do is get prompt medical attention. Not only will doing so get you the care you need, but it can also create an official record that could be used as evidence for your claim. Evidence will be essential in demonstrating the validity of your claim and how another party is liable for your injuries. If you are able to, you can use the following examples to strengthen your personal injury claim:
- Take photos of your injuries and the scene of the shop accident.
- Collect the contact information of any witnesses. You can pass this information on to a solicitor (with their consent), who may reach out to obtain statements on your behalf.
- Request a copy from the accident book kept in the shop, if available.
- Get copies of your medical records detailing the minor or serious injury you suffered and your future prognosis.
If you’re unsure how to gather this evidence, help is available from our panel of solicitors. They’ve worked to prove cases across the country, and can use that accumulated expertise to strengthen your claim, too.
Time Limits
Personal injury claims normally have a time limit of 3 years in which to start, as per the Limitation Act 1980. In most cases, this period begins from the date of the accident itself, but the time limit differs for the following claimants:
- As mentioned, minors cannot start a personal injury claim themselves. That means the 3-year time limit doesn’t take effect until a child’s 18th birthday.
- Time limits are indefinitely suspended for adults who lack the mental capacity to claim themselves. Should their capacity return, they have 3 years from the recovery date to start a claim.
Both groups are able to claim straight away if a litigation friend acts for them (as discussed above), but only while the time limit pause is in effect.
If you would like help with time limits and becoming a litigation friend, our advisors are standing by to answer any queries you might have.
How Much Compensation Can I Get For A Shop Accident?
If your claim is successful, how much compensation you could get for a shop accident will depend on 2 types of damages:
- General damages evaluate your physical pain and psychological suffering. These damages may also consider whether there is any long-term disability or impact on your quality of life.
- If your injuries financially impact you, then you can claim for special damages. We’ll discuss what costs you may be able to claim for shortly.
To estimate general damages, those involved in calculating compensation start by comparing medical evidence alongside the Judicial College Guidelines (JCG). Solicitors use the JCG because this document publishes suggestive compensation brackets for injuries based on their severity and type. The brackets are based on past cases in England and Wales, but are only ever provided as a rough starting point for valuing a claim.
Compensation Guidelines
The brackets (except the first line) all come from the JCG. Since they are only guidelines, keep in mind that the table is not a guarantee of compensation:
| Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple forms of very severe harm alongside special damages | Very severe | Up to £1,000,000 + | Cases where a person suffers very severe, multiple forms of injury and is awarded special damages for costs like loss of income, medical expenses, and rehabilitation. |
| Head/Brain | Very severe | £344,150 increasing to £493,000 | At top of bracket, claimants will have a permanent need for full time nursing care and exhibit little to no substantive responsiveness to their environments. |
| Less severe | £18,700 increasing to £52,550 | Here, the person makes a good recovery and can return to work and normal social activities. However, there may be ongoing issues, such as poor memory. | |
| Knee | Severe (ii) | £63,610 increasing to £85,100 | Fractures that continue into the knee joint, leading to constant pain and permanent movement limitation. |
| Pelvis | Severe (iii) | £47,810 increasing to £64,070 | A wide range of injuries are covered in this bracket, including acetabulum fractures that cause degenerative changes. |
| Ankle | Severe | £38,210 increasing to £61,090 | Injuries that require an extensive treatment period and/or time in plaster. Cases can also feature instances where pins and plates have been inserted, with significant persisting disability from ankle instability. Here, ability to walk would be severely limited. |
| Foot | Serious | £30,500 increasing to £47,840 | Injuries that result in ongoing pain from traumatic arthritis (or the future risk of this condition). Claimant will require lengthy treatment. |
| Wrist | Significant permanent disability (b) | £29,900 increasing to £47,810 | Claimants will still have some useful remaining movement. |
| Back | Moderate (ii) | £15,260 increasing to £33,880 | Many frequently encountered back injuries covered in this bracket, like disturbed ligaments and muscles that cause backache. Also, soft tissue damage that exacerbates and/or leads to prolonged acceleration of a pre-existing back condition (typically for 5 or more years). |
| Shoulder | Serious | £15,580 increasing to £23,430 | Cases of shoulder dislocation and damage to lower brachial plexus region. Claimants will have have shoulder/neck pain and experience issues like sensory symptoms in hand and forearm. |
To discuss how compensation might be calculated after an accident in a shop, please speak to our advisors for tailored guidance and a free, no-obligation consultation.
Why Should I Make A Shop Accident Compensation Claim?
You should make a shop accident compensation claim because it can help you cover out-of-pocket expenses and support your recovery journey. As mentioned, such expenses are covered under special damages. These damages can only be included in a claim if there is documented evidence of financial loss, such as:
- Pay slips indicating a loss in earnings.
- Medical invoices for any private treatments, such as surgery.
- Receipts for petrol or public transport tickets used to attend essential medical appointments.
- Bank statements showing extra childcare or professional support with day-to-day tasks like meal preparations.
- Invoices or estimates for modifications to improve accessibility in your home or vehicle.
As with the process of proving a case, a solicitor on our panel can help you gather the evidence needed to include special damages in your accident in a shop claim. Interested in learning more? Please get in touch with our 24/7 team of friendly advisors.
What Are Some Examples Of Accidents In A Shop?
In the following examples of accidents in a shop, you’ll see several scenarios showing how a third party might cause an injury and trigger a potentially valid claim for compensation:
- Staff at a supermarket fail to clean up a spillage or place warning signs around the hazard that has been sitting for some time. Due to this, a shopper slips and shatters their hip in a heavy fall.
- A coffee shop owner decides against fixing a faulty hanging sign, despite knowing it could fall and hurt someone. Subsequently, it comes loose and leaves a customer with a head injury.
- A food service area in a shop failed to display warning signs about hot surfaces. This results in a customer leaning on the surface and suffering serious burns.
- At a corner shop, staff fail to perform routine maintenance on store flooring and allow it to fall into disrepair. Their failure creates a tripping hazard, leading to a shopper stumbling on the uneven surface and sustaining a minor injury to their hand.
Please don’t worry if your example is not shown above. Simply discuss your accident in a shop claim with our advisory team and find out today whether you can make a claim with one of the expert solicitors making up our panel.
Can I Make A No Win No Fee Shop Accident Claim
If your case meets the qualifying eligibility criteria, you can make a No Win No Fee shop accident claim with a solicitor from our panel. They have taken on claims across the country, so you’ll be able to benefit from their expertise and tireless advocacy no matter where you live. That nationwide service includes:
- Helping gather supporting evidence.
- Providing a detailed assessment of your potential compensation.
- Meeting deadlines and ensuring all appropriate documentation is filed.
- Giving clear explanations of any unfamiliar jargon and the claims process itself.
- Handling all negotiations and correspondence on your behalf.
Our panel of solicitors provide their services through a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA). Its terms mean you can claim without worrying about mounting solicitor fees. That ensures you won’t be charged these fees at the start of your claim or as the case progresses. If the claim fails, there will also be no solicitors’ fees owed for the finished work on the claim.
Should your accident in a shop claim win, you will pay your solicitor a success fee for their work. This is deducted as a percentage of the compensation. However, The Conditional Fee Agreements Order 2013 places a limit on the percentage, giving claimants peace of mind knowing they will benefit most from a successful outcome.
Get In Touch
If you are interested in learning more or would like to start your free initial consultation, please get in touch today. Our advisors can assess the strength of your compensation claim after an accident in a shop and take it from there.
- Contact us online.
- Ask about your accident in a shop claim through the live discussion feature.
- Call on 0333 000 0729 for free guidance.
More Information
In addition to this article about an accident in a shop, you might find these links useful:
- Here we look at shopping centre accident claims.
- This guide explores restaurant accident claims in more depth.
- Also, read about slip, trip or fall claims.
External guidance:
- How to get copies of your medical records.
- Request CCTV footage of yourself.
- Lastly, read the Health and Safety guidance for the retail sector.
If our advisory team can help in any other way with your accident in a shop claim, please don’t hesitate to reach out.
