Are you wondering how much accident in a shop compensation you could receive? Have you suffered a personal injury in public? This article will explain what could cause an accident in a shop, provide examples of incidents and explore who may be liable for your accident. We will also explain how much compensation you may be able to receive as well as how we can help to start your claim.
Shops, as well as shopping centres, are expected to be safe places to visit and sustaining an injury can be an unsettling experience. Injuries can often stop you from doing physical activity and working, which can have serious impacts on your mental health and maintaining healthy relationships.
If you have any questions regarding your accident in a shop and compensation you could potentially receive then contact our advisors today as they can provide free legal advice. They can help determine whether your claim is valid and may connect you with our panel of No Win No Fee solicitors. Get in touch today by:
- Calling us on 0161 696 9685
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Select A Section
- How To Claim Accident In A Shop Compensation
- Who Is Liable For My Accident?
- Trips, Slips And Falls In A Shop
- What Could Cause An Accident In A Shop?
- How Much Accident In A Shop Compensation Could I Claim?
- Start Your Accident In A Shop Compensation Claim
To claim compensation for an accident in a shop, it may help to understand what your claim is first. When sustaining an injury in a shop, this is an example of a personal injury claim.
The Occupiers’ Liability Act 1957 (OLA) outlines the duty of care of those in control of areas that are accessible to the public. These parties are referred to as ‘occupiers’. The occupier can be anyone from the owner of the business to the controller of the site. They are in charge of ensuring the health and safety of visitors.
Alternatively, if you were working in the shop when you were injured, then you would be subject to the Health and Safety at Work etc. Act 1974 (HASAWA). In this case, the employer would owe the employees a duty of care, ensuring they take reasonable steps to protect workers’ wellbeing and safety.
If an occupier’s, or an employer’s, breach of this duty of care causes you harm, you could claim.
There are many scenarios that can cause an accident in a shop; however, to make a claim, you must be able to prove that a third party’s negligence resulted in your injury.
As previously mentioned, the HASAWA legislation outlines comprehensive steps an employer can take as part of their duty of care to make sure they provide a reasonably safe working environment. Some examples of the steps include:
- Providing and maintaining work systems – Employers should ensure equipment is maintained to a safe standard. Unsafe equipment could cause serious accidents such as a faulty ladder leading to a fall from a height and a subsequent sprain, crush or break injury.
- General housekeeping – The workspace should be promptly cleaned of any spills or obstructions. Boxes left in walkways could cause falling injuries including sprains and fractures.
- Providing Personal Protective Equipment (PPE) – Employees should have access to free and relevant PPE where necessary. Performing a job without the right equipment could endanger you or a colleague. For example, a dented hard hat on a construction site might not safeguard against head injuries.
Retail Health And Safety
The Occupiers’ Liability Act 1957 is slightly different as the health and safety rules pertain to visitors in the space. The occupier owes those in the public space a duty of care ensuring that they are kept as safe as possible. Firstly, they consider the types of people visiting the place by:
- Accounting for children who can exhibit less careful behaviour
- Counting on people to safeguard against unusual risks in the area
As part of an occupier’s duty of care, they must take sensible steps to provide an adequately safe environment for all visitors. The OLA establishes that:
- The occupier can forewarn visitors of the present risks; however, the warning does not excuse liability. Sustaining an injury may still be grounds for a claim unless the warning was enough to ensure that you were adequately safe.
- If an independent worker’s negligence results in a visitor’s harm, the occupier is not more answerable than normal for their injury. The occupier should make sure the independent worker takes responsible steps to ensure they carry out their work to a reasonably safe standard.
Contact our advisors for more information about public liability law as well as workplace legislation today.
Shops can have many hazards that can lead to accidents when left unattended and unmanaged. For example, some examples of slip, trip and fall hazards can include:
- Spills – Wet floors, improperly signposted by a wet floor sign could lead to a lower limb injury.
- Boxes – Obstructed walkways can cause you or items to topple, especially in precarious evacuation scenarios, such as fires.
- Loose wires – Visitors to the public space may become entangled leading to injuries such as dislocation or fractures if the limb is twisted incorrectly.
However, anything left in a walkway can become a hazard causing a wide array of injuries from abrasions to dislocations and even fractured bones.
In addition to slips, trips and falls there is a litany of other possible accidents and injuries that an individual in the space could suffer. Some of these accidents can include:
- Falling from a height
- Being struck by a moving object
- Toppling/collapsing objects, i.e. shelves
If you have any questions about your injuries sustained or the possible accident in a shop compensation you may receive, speak to our advisors today.
If your claim is successful you could receive accident in a shop compensation for general and special damages. The amount you may receive for damages is determined in different ways.
The Judicial College Guidelines (JCG) outline the potential compensation figures for general damages for the harm suffered due to your injury. The amount awarded differs according to the type and severity of your injury. Please see the table below for possible compensation brackets published in the 16th edition of the JCG 2022. We use the guidelines for illustrative purposes only.
|Very Severe Ankle Injury (a)||£50,060 to £69,700||Where there has been a trasmelleolar fracture of the ankle with significant soft tissue damage causing deformity and future injury risks. Also, applies to cases of bilateral ankle fractures resulting in joint degeneration.|
|Severe Ankle Injury (b)||£31,310 to £50,060||The injured person has to undergo an extensive period of treatment and/or lengthy period of plaster, pins and/or plates inserted, with a considerable disability with instability and limited walking ability. The injury will have an impact on daily life activities.|
|Serious Foot Injury (e)||£24,990 to £39,200||Individuals may suffer from continuing pain from traumatic arthritis or have a future risk of arthritis, prolonged treatment and a risk of fusion surgery.|
|Moderate Foot Injury (f)||£13,740 to £24,990||Where metatarsal fractures could cause deformities and lasting symptoms.|
|Moderate pelvis and hips injury (i)||£26,590 to £39,170||Considerable pelvis or hip injury with a minor permanent disability.|
|Less severe elbow injury (b)||£15,650 to £32,010||Injuries that impact functionality without the need for considerable surgery.|
|Serious Toe Injuries (d)||£9,600 to £13,740||Greater injuries to the big toe or crush and fracture injuries to the smaller toes. There will be pain and scarring and likely a number of unsuccessful operations with stabbing pains and impaired gait.|
|Moderate Toe Injuries (e)||Up to £9,600||The injured person has straightforward fractures or lacerations to one or more toes. Can involve discomfort and scarring.|
|Other arm injuries (d)||£6,610 to £19,200||Simple fractures of the forearm.|
|Minor brain damage (e)||£2,210 to £12,770||Minimal, to no brain damage, where the award is affected by the injury's severity, recovery period, persisting symptoms and headaches.|
As part of your claim, you may receive compensation for special damages for the costs that have been incurred over your injury and the associated recovery period. We encourage you to get in touch with our advisors as they guide you on what receipts you can collect and claim back, for example:
- Loss of earnings and future income
- Child care costs
- Travel costs to medical appointments
- Property adaptations where you’ve suffered a disability that necessitates this
See if you can start your accident in a shop compensation claim today by contacting our advisors who can understand whether you have grounds for a claim. In addition, they may pass you on to our panel of expert solicitors.
Our solicitors offer a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA), which is a viable option for seeking a solicitor’s services at a more financially affordable price. When using a CFA lawyer’s services you do not pay any hiring costs and you pay none of their legal costs if your claim fails.
Your CFA lawyer will take a success fee, but only if your claim is successful. The fee is a small, lawfully-capped percentage of your compensation they take to cover their services.
If you would like the help of our panel of CFA solicitors for your accident in shop claim, then contact our advisors today by:
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Written by JE
Edited by RV