Going to the shops should not be a dangerous experience; you are entitled to go about your business in a Sainsbury’s supermarket without having to worry about your safety or having to face the risk of being hurt in an accident. Sainsbury’s has a duty of care to all of its customers and its staff to make sure that its shops are safe to visit.
If you have been injured in a Sainsbury’s supermarket because Sainsbury’s did not meet this duty of care, then you could potentially make a personal injury claim. Compensation could be paid out to you for your physical injuries and your financial losses if you have been affected by a negligent accident in a supermarket.
Legal Helpline could help you if you are looking to seek compensation for an injury in an accident that wasn’t your fault, we will detail how in this guide we have put together. To find out more about how personal injury claims against supermarkets work or if you want to begin making a claim, call our team on 0161 696 9685 or fill in this form.
Jump To A Section
- A Guide To Claims For An Accident In A Sainsbury’s Supermarket
- What Is An Accident Or Injury In A Supermarket?
- Duties Of Care Owed By Retailers
- Types Of Supermarket Accident Claims You Could Make
- Injuries Sustained If You Slipped Over In A Supermarket
- Supermarket Roll Cage And Trolley Injury Claims
- Allergic Reactions Due To Supermarket Negligence
- Injuries Due To Falling Objects
- Supermarket Employee Accidents And Injuries
- Other Forms Of Supermarket And Shop Accidents
- Compensation Calculator
- Could I Claim For Other Damages When Injured In A Supermarket?
- Could Legal Helpline Help Me Make A Claim?
- No Win No Fee Compensation Claims Against Sainsbury’s Supermarket
- Talk To Legal Helpline About Your Accident
- Resources To Support This Guide
We have put together this guide to educate you about how personal injury claims against supermarkets work. We want you to be able to make an informed decision before reaching out to a personal injury solicitor and we also want to show how our panel of expert personal injury lawyers can help you.
First, this guide will explain what types of accidents you could claim for and what circumstances a supermarket could be liable for paying you compensation. Then it will talk about how compensation is calculated, how you can fund your personal injury claim and what the benefits are of making a personal injury claim through a personal injury solicitor provided to you by Legal Helpline.
An accident in a supermarket could happen at any time for a variety of reasons. Sometimes it could be caused by your own clumsiness or negligent behaviour, or the behaviour of another customer. Sometimes, however, an accident could happen that the supermarket is at fault for. If Sainsbury’s is found to have failed to prevent an avoidable accident they could be made to pay compensation to the victim for the harm they suffered. A compensation claim could potentially be made for anything from a slip, trip or fall, to being crushed by a shelf falling on top of you.
All retailers have a duty of care to their customers and their staff. That’s because as a business open to the public and as an employer they are bound by the Occupiers Liability Act 1957 and the Health And Safety At Work Act 1974. These laws mean the safety of people who shop and work are Sainsbury’s responsibility. They can meet this responsibility by following specific regulations and performing risk assessments to identify and deal with any hazards.
Because of this duty of care, if Sainsbury’s is found to have failed to prevent an avoidable accident they could be made to pay compensation to the victim to make up for the harm they suffered.
Any time someone is injured at a supermarket as a result of the supermarket failing to keep their property free of hazards that could cause accidents the supermarket is potentially liable for paying compensation for a personal injury claim. Many supermarkets are quite large and are used by a large number of people every day, so a wide variety of different accidents could potentially occur. These include:
- Accidents involving potholes in the car park or cracks in the pavement outside the building
- Accidents involving trollies and carts provided by the supermarket.
- Illnesses arising from allergic reactions to allergens in the food at the supermarket
- Accidents involving items falling off shelves.
- Accidents while working at supermarkets
- Accidents involving shelves, lifts, escalators and other facilities in the supermarket.
Slipping or tripping over might not sound like the most serious type of accident, but having a fall could, in reality, cause severe injuries. When a person falls they are likely to try and put their arms out to break their fall, this could lead to them suffering fractures in their arms, elbows or hands. Otherwise they might twist an ankle or fall and land on their knees, which can be fractured. Sometimes it is not the falling itself that causes an injury, but rather something the victim hits on the way down. A trip could cause someone to fall down the stairs; old people are particularly in danger of being injured by a fall as they are physically frailer.
Trips can be prevented by making sure that the floors in the Sainsbury’s are all in good condition and are well maintained, meaning that the carpets, linoleum and floor tiles do not have loose or frayed sections that someone could trip on. Shops are also responsible for making sure that any outdoor flooring or paving on their property is in safe condition as well. It is also expected that shops will make sure that their property is clear of tripping hazards lying on the floor. That means that the staff should take care to clear away any packaging, wires and bags that they see lying on the floor. To learn more about slip, trip and fall claims you can read our guide to them here.
All but the smallest supermarket outlets provide trollies to their customers and most will at least provide baskets for carrying their purchases around the shop. In addition, large metal cage carts are often used by staff for taking goods from the stock rooms to the shelves. This equipment must be safe before customers and staff are allowed to use it, and it is Sainsbury’s responsibility to ensure that it is safe to use. A trolley which is damaged or faulty could cause someone to have an accident, by collapsing due to the cage being unstable, or by suddenly veering into someone because a wheel was faulty. Baskets could break and drop objects on people. Trolleys and baskets are usually made out of metal cages or plastic. The metal bars or plastic could be sharp enough to injure someone if part of the trolley or the basket is broken. Staff should keep an eye out for any of the trolleys or baskets which are damaged and take those that are out of circulation.
The large carts used for moving goods need to be handled with care in order to prevent an accident, for example, due to their size they may prevent the staff member using them from being able to see everyone around and in front of them, and they can be difficult to navigate in small spaces. Staff should be given training in how to use them safely before being tasked with using them to move goods. They should also be checked to ensure that they are safe and pose no risks of accidents.
Supermarkets are responsible for making sure that food sold in its shops won’t cause health problems. There are regulations governing the way in which food should be stored, prepared, served and labelled in order to prevent allergic reactions. A supermarket could be liable for paying compensation if they are found to have allowed someone to come to harm through failing to ensure the safe containment and labelling of allergens in their food.
In addition to being responsible for allergens, supermarkets could also be liable for allowing people to fall ill from food poisoning from consuming out of date products.
Shelves are often kept packed tightly with large amounts of goods, this means that if there is a problem with the way the goods are arranged items could fall off and hit a customer or a member of staff. This is hardly a problem if it was a pack of tissue paper on a low shelf of course. But there is a risk of a serious injury occurring if it was a hefty item or one that could smash like a glass bottle for instance. Staff should be taught how to arrange items on shelves in a way that does not provide a risk of anyone getting hurt through the items falling off.
If you have been injured in a supermarket from being hit by a falling object because it was arranged improperly on the shelf, then get in contact with us for details about how you could claim compensation for an accident.
Sainsbury’s also needs to ensure that their staff are safe as well as their customers, they are bound by the Health And Safety At Work Act 1974 and by other specific regulations laid down under the laws concerning workplace safety. Supermarkets are responsible for ensuring that any foreseeable and preventable accidents do not occur. Some of their responsibilities include:
- Providing the training staff need to be able to do their jobs safely, i.e. manual handling or operating machinery.
- Preventing slips and trips
- Providing any safety equipment necessary for their staff to do their jobs, i.e. ear protection or face masks.
- Ensuring security to reduce the risk of staff being assaulted or threatened.
In addition, it is also an employer’s responsibility to ensure that their staff are not subject to bullying or sexual harassment in the workplace, that they receive regular breaks and are not overworked or made to suffer from work-related stress or anxiety. Physical injuries or mental health problems arising because employer’s failed to make their workplace a safe one to work in could entitle you to make a personal injury claim.
Other accidents could be caused by faulty escalators or lifts; an escalator which is not maintained properly might stop and start suddenly or judder as it moves, which could send someone falling down the steps. Doors, both automatic and regular, could potentially cause an accident of some kind if they are faulty and are not maintained properly. An accident could also occur in the car park if there is ice or potholes that have not been dealt with. If the shelves in the supermarket have not been assembled properly, or are damaged or faulty, then they could collapse and fall on to off someone along with all of the goods being stored on them, potentially causing serious injuries.
Any kind of injury that you sustain in an accident could potentially entitle you to make a personal injury claim if it was not your fault and there is proof that it occurred because the facilities had not been maintained to a safe standard.
You will possibly be wondering how much compensation you might be entitled to receive if you do make an accident claim and it is successful. We cannot answer that with any great certainty in this article, however, we can present this table which is a personal injury compensation calculator, and explain in brief how calculating personal injury compensation works. In brief, compensation will be awarded in greater amounts for more serious injuries than for minor ones, and the amounts that can be awarded may reflect the Judicial College Guidelines. The figures that you can see in this chart should help you understand what kind of amounts will be awarded for the injuries themselves.
|Very severe foot injury||Foot injuries causing severe and permanent pain or serious disability.||£78,800 to £102,890|
|Severe foot injury||Fractures of the feet causing restriction of movement and permanent pain.||£39,390 to £65,710|
|Serious foot injury||Less severe injuries than listed above, but still leading to lasting pain, the risk of arthritis and prolonged treatment.||£23,460 to £36,790|
|Moderate foot injury||Permanent deformities leading and lasting symptoms with continuing risk of developing arthritis.||£12,900 to £23,460|
|Modest foot injuries||Simple metatarsal fractures, ruptured ligaments, puncture wounds foot injuries which are likely to heal.||Up to £12,900|
|Amputation of all toes||Loss of all toes either as a result of traumatic loss or because of medical amputation.||£34,270 to £52,620|
|Amputation of great toe||Loss of big toe from either foot||In the region of £29,380|
|Severe toe injuries||Severe crush injuries or the loss of one or two toes.||£12,900 to £29,770|
|Serious toe injuries||Serious injuries to two or more toes leading to permanent scarring and discomfort.||£9,010 to £12,900|
Other types of damages you could claim for are the financial losses you have dealt with as a result of your injury. These can include income you have lost from being unable to work due to the injury, money you have spent on medical treatment and care, money you have spent on travelling to reach medical appointments and money you have spent on plans that you were not able to carry out (i.e. holidays) as a result of the injury.
In order to be able to claim compensation for financial losses you will have to provide an accurate figure that you can back up with evidence, that means you have to be careful to keep hold of things like payslips, tickets, receipts, contracts and other forms of paperwork related to money you have lost or spent.
Legal Helpline can provide you with a solicitor to manage your claim, build and make your case. These solicitors can help you to fight for the maximum amount of compensation which you could be entitled to. The solicitors we can provide you with are highly experienced, committed professionals. If you make a claim with one of them, then you will be able to receive regular updates on the progress of your claim. Most importantly, you won’t have to worry about how you will afford to make a claim, as all of the solicitors we offer make no win no fee claims, which you can read about in the following section.
You may be thinking that making a personal injury claim is not worth it, because of the expensive cost of paying for a personal injury solicitor. With a no win no fee claim you don’t have to worry about that, because no payment is required to the personal injury solicitor if the case fails, and if the case does succeed, the payment will come out of the compensation that is awarded rather than out of your own finances. This may result in receiving a slightly reduced amount of compensation, but the maximum that can be paid to your solicitor is 25% and you can negotiate with the solicitor to an amount you can both agree with.
You can talk to our personal injury claim advisors. By discussing the details of your accident with one of our advisors, they could be able to tell you whether or not it would constitute grounds for a personal injury claim, and if it is, they can put you in touch with a personal injury solicitor from our panel to take up your claim. You don’t have to be sure about making a personal injury claim just yet in order to call us, even if you just want to ask someone some questions about how making personal injury claims works, our team will be happy to answer all of your questions.
Guide by JT