The number of people shopping in supermarkets in the UK has grown dramatically over recent years with everyone’s lives being so busy nowadays. Supermarkets are a popular choice for shopping as they tend to have everything you need under one roof, from groceries, to clothes, electrical goods, toys and so much more. Supermarket stores are therefore very busy places and unfortunately the busier they are, the risk of having an accident whilst in a supermarket can be increased.
Whether you are a customer or a member of staff, or even a visiting tradesman, if you suffer an injury in a supermarket due to an accident that wasn’t your fault, you may be entitled to make a compensation claim. Have a read through this guide for further information.
When considering making a claim against a supermarket, it is advisable to speak to a specialist personal injury claims solicitor to give you the best chance of success with your claim. Legal Helpline is a Claims Management Company that deal with personal injury claims on a daily basis and have done for a number of years. For help and advice, please feel free to give them a call on 0161 696 9685.
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- A guide to claiming compensation for supermarket accident
- Common supermarket accidents and injuries
- Responsibilities of supermarkets towards health and safety
- What am I entitled to claim for following a supermarket accident?
- Why should you claim compensation from a supermarket?
- What should I do if I need to claim compensation from a supermarket?
- How to start a supermarket injury claim
- Supermarket injury claims compensation calculator
- No Win No Fee supermarket accident claims
- Why should you choose to claim with Legal Helpline?
- Speak with us today
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Have you slipped on floor in a supermarket or had another type of accident that has resulted in your sustaining an injury in a supermarket? If so, then if the accident wasn’t your fault, then you may be eligible to make a supermarket injury claim.
Supermarkets have a duty of care to any persons visiting their store, whether on inside or outside premises, to provide a safe environment. Adequate health and safety policies and procedures should be in place and being followed correctly in all areas of the store to prevent accidents from occurring. However, unfortunately accidents do still happen resulting in someone being injured and more often than not, it is due to some kind of negligence. Inadequate health and safety policies and procedures, insufficient staff training, and poor maintenance are just a few examples of the type of negligence that could result in an accident.
If you have had an accident in a supermarket within the last three years that wasn’t your fault and sustained an injury as a result, regardless of your reason for being in the store, whether you were at work in the store or doing your weekly shop, you could make a compensation claim against the supermarket for damages and the pain and suffering you have endured.
This guide has been produced as a source of information for anyone who may be considering making a claim against a supermarket. Claiming against a supermarket can be a daunting prospect, but armed with the information in this guide and by contacting a personal injury claims firm such as Legal Helpline, you will have the best chance of being successful with your claim.
There are many different types of accidents that could potentially happen in a supermarket resulting in an injury of some kind, with some being more common than others, and most of these being preventable, in fact, slip, trip and fall accidents are the most common of all and completely preventable. Likewise, although many different types of injuries can be suffered, there are a few that tend to be more common than others.
The most common causes of a supermarket accident are:
- Wet Floors – A floor in a supermarket may become wet due to a number of reasons such as cleaning, wet weather conditions, leaking appliances such as fridges and freezers, leaking pipes or taps in the rest room and so on. Wet floors leave a slippery surface and should be dealt with immediately and warning signs should also be put in place.
- Spillages – Any spillages should also be cleared as soon as possible to prevent the floor being slippery. Again, warning signs should also be put in place.
- Obstructions in the walkways – Walkways should be kept clear of any clutter or items that may produce a trip hazard.
- Falling stock – Stock or any other item in a supermarket that has been stacked incorrectly or placed dangerously could result in the items falling onto someone causing an injury.
- Lifting and handling – This particularly concerns staff, if they are not trained in the proper lifting and handling techniques, they could suffer with an injury.
- Defective equipment – Poor maintenance of any equipment within a supermarket could lead to someone becoming injured.
The most common types of injuries resulting from an accident in a supermarket are:
- Fractured or broken bones.
- Cuts and lacerations.
- Strains, sprains, and pulled muscles.
- Head injury.
As mentioned earlier, supermarkets have a duty of care to provide a safe environment to all that come into the store including those who work there, those that are there to shop and anyone else such as tradesmen for example that may need to visit the store. Outside premises that belong to the supermarket such as car parks are also included in this. If a supermarket fails to prevent an accident from occurring due to negligence, then providing it can be proven, they will be found liable for any compensation claims brought against them.
Supermarkets are bound by the Occupiers Liability Act, 1957 which states that any owners or occupiers of premises must do everything they can to provide a safe environment for visitors.
Also, under the Health and Safety at Work etc Act 1974 regulations, supermarkets are also legally expected to do everything they can to ensure the safety and well-being of their staff whilst at work. Under the guidance of the legislation, the supermarket employers are expected to have health and safety policies and procedures that relate to different areas of their premises put in place, and staff trained sufficiently so that they can adhere to them. They are expected to provide personal health and safety training too such as trainings in lifting and handling techniques. Risk assessments should be regularly carried out and strategies put in place to deal with any potential risks found.
Examples of how a supermarket may deal with potential accident risks:
- Slips – Staff should have had training in what to do if a slip hazard is presented. If the floor becomes wet due to wet weather conditions outside, ‘wet floor’ warning signs should be put up immediately and an attempt to dry the floor should be made. If there is a leak or spillage, again, ‘wet floor’ signs should be put in place and the floor cleared as soon as possible.
- Trips and falls – Part of the health and safety training should include general housekeeping. Any walkways of spaces should be kept clear of any items causing an obstacle or trip hazard. Any areas on the premises that may be uneven, such as in the car park for example, should be either dealt with and maintained, or have warning signs to alert staff and visitors of a possible trip hazard.
- Equipment – All equipment should regularly be tested and maintained to ensure that it remains in good working order.
- Falling items – Shelves should be regularly checked and maintained to ensure they are strong and sturdy. Also, the employers should provide staff with training in stacking stock and filling shelves.
- Heavy items and moving stock – All staff should receive adequate and correct training in lifting and handling techniques in order to prevent them suffering an injury when lifting and moving stock.
If a supermarket fails to have the relevant health and safety policies and procedures in place, if they fail to train their staff sufficiently or fail to act in time to either prevent or stop an accident causing injury from occurring, they may be found liable due to negligence.
However, there are times when an accident resulting in an injury occurs, and where the supermarket will not be found liable. An example of this is, if a jar of cooking sauce was dropped and it smashed leaving a slippery spillage on the floor and someone immediately slipped over and got injured, because the supermarket hadn’t had a reasonable amount of time to act accordingly to clear the spillage and erect warning signs, they wouldn’t be found liable. However, if the spillage had occurred and wasn’t dealt within a reasonable amount of time and someone then slipped and became injured, then they could be found liable for compensation because they were negligent in their responsibilities of their duty of care.
In circumstances where the supermarket has everything in place as it should be and do everything they possibly can to prevent an accident but somebody still gets injured, then it is unlikely that they would be found liable and any compensation case brought against them would be unsuccessful. But if they are found to have been negligent and found in breach of their duty of care, and someone is injured, then they may have successful supermarket accident compensation claims brought against them.
Due to being such busy places and often understaffed, supermarkets are one of the most common places for an accident or incident resulting in injury to occur. Although every case will be different there are a number of common items that can and should be included in supermarket compensation claims. These are:
- General Damages – These cover the physical aspects of you claim and reflect the severity of the injury, the pain and suffering you have endured and any psychological problems that are of direct consequence. The long term prognosis will also be taken into account here.
- Special Damages – These relate to the impact on your finances that the injury may have had. Any lost earnings or benefits and any future potential loss of income will be included here. Monetary losses are common place under these circumstances especially if the injury was severe and has any long term effects that could cause problems with returning to work.
- Medical Expenses – Any medical costs that you have incurred directly in relation to the accident and injury should be included so keep hold of any receipts. Private health care can be taken into account if you were unable to be treated under the NHS for any reason. Long term care costs can also be included and any other anticipated medical costs as a direct result of your injury, this also includes any psychiatric care costs.
- Travel Expenses – Any travelling costs that you have had to pay as a direct consequence of the accident and injury can be included in your claim.
- Care Claim – If someone such as a friend or relative has helped you in the home or given you personal care due to your injury, they can also file a claim against the supermarket responsible for your injury.
Some supermarkets are owned by huge corporations that operate outside of the UK. They manage to manipulate many of the UK laws such as UK tax legislation for their own benefit. However, they cannot manipulate the law stating their responsibility if an accident occurred causing injury in one of their supermarket stores or premises. Although they may get away with paying their tax elsewhere, they cannot hide from the UK health and safety laws which are there to protect the consumer and workers, they must abide by their legal UK responsibilities.
Also, these huge corporations are introducing more and more zero hour contracts which has led to a decrease in numbers of staff, which in turn, have increased the risk of an accident occurring in the supermarket because they are under staffed and the staff that do work there are often over worked leading to health and safety policies and procedures becoming neglected.
Therefore, if you have been injured in a supermarket due to negligence, then you should claim for compensation, after all, why should you suffer the consequence of the greed of these huge corporations? Although it may make you feel overwhelmed and slightly intimidated at the prospect of suing such a large company, you need not worry, we can help you to make a successful compensation claim as we have years of experience in dealing with large corporations like these.
When claiming for an injury in a supermarket, there are a number of things that you can do that will support your turn of events and show proof of your injury. If at all possible, try to do as many of the following as you can:
- Photos – Take photos of the place where the accident took place and try to photograph if possible the reason for the accident, for example, the spillage on the floor or the faulty equipment you were using. Also take photos of your injury to show visual proof of your pain and suffering.
- Accident Report – Make sure that the accident is recorded in the accident book. Reporting an accident in a shop in an accident book is a legal requirement so the supermarket should do this, but it’s always best to make sure. Ask for a copy of the report for yourself also.
- Witnesses – If there were any witnesses to the accident or the events leading up to the accident, try to get their contact details. Witness statements can be very beneficial when trying to prove liability.
- Medical Report – Seek medical treatment for your injury. A medical report will be drawn up which will include the details of your injury, treatment and future prognosis. If you need to go in an ambulance, ask for the ambulance staff’s contact details as they may be able to testify the pain and suffering you endured from the initial injury.
Contact Legal Helpline for further help and guidance with this.
Supermarket accident compensation claims are all unique and will be judged on the individual circumstances relative to the case.
Before you can make a compensation claim, you must first establish whether the supermarket was to blame for your injury. When you are certain that you were not to blame, give us a call at Legal Helpline.
We will offer you a free consultation where we will discuss all of the details of your claim such as when and where the injury happened, how it happened and why, and so on. We will also gather any other information you have managed to collect and you can ask us any questions you may have regarding the claiming process.
Once we have all the facts and information from you that you can recall, we will then set to work on gathering further evidence such as CCTV footage. We will also arrange to have a copy of any medical report relating to your injury. If necessary, we may offer you a free, local medical if we feel it’s needed.
We can then really set to work on building you a strong, successful compensation claims case against the supermarket in question and get you the compensation that you deserve.
How much compensation for fall in supermarket? How much compensation for slipping on wet floor? Everyone who files a compensation claim, wants to know what they might be awarded for their supermarket injury should they win. However, due to the large variety of accidents and injuries that could take place in a supermarket and the effect an injury may have on one person compared to that of another, it would be impossible to give an exact answer as each case in unique.
In the table below, we are able however, to show some average award amounts for some of the most common types of injuries sustained in an accident or incident in a supermarket.
The higher end of the compensation amounts are awarded to those whose injuries are considered more severe, while the less severe an injury is, the smaller the compensation award. Although some injuries may not appear severe initially, some may commonly worsen over time or have side effects later on in life. These types of injuries will be looked into carefully and the award amount will reflect the findings.
Other factors that make up the final award amount such as medical expenses and lost income etc, are completely unique to the claimant and so will vary from case to case.
|Reason for Compensation||Average Award Amount||Comments|
|Back Injury - Severe||£34,000 - £141,150||Disk and soft tissue injury leading to chronic pain, to injuries where paralysis as a result of the accident.|
|Back Injury - Moderate||£10,970 - £34,000||Loss of function and some disability, surgery may be required.|
|Back Injury - Minor||£2,150 - £10,970||Less serious strains, sprains, soft tissue and disk injury, to injuries with short term pain and full recovery expected given some time.|
|Shoulder Injury - Severe||£11,200 - £42,110||Limited or no movement and possible permanent disability.|
|Shoulder Injury - Moderate||£6,920 - £11,200||Frozen shoulder and limited movement with pain and discomfort. Soft tissue injuries as well restricting movement. Disability not permanent and recovery expected within two years.|
|Shoulder Injury - Minor||£2,150 - £6,920||Soft tissue injuries with pain and discomfort but full recovery within two years.|
|Arm Injury - Severe||£84,310 - £263,060||Severe disability and total loss of use of one or both arms up to amputation of one or both arms.|
|Arm Injury - Moderate||£34,340 - £84,310||Loss of movement in one or both arms or serious breaks or fractures resulting in restricted use.|
|Arm Injury - Minor||£5,810 - £34,340||Fractures or breaks causing disability but some recovery will have taken place and expected.|
|Wrist Injury Severe -||£21,480 - £52,490||Significant disability or complete loss of use of one or both wrists.|
|Wrist Injury - Moderate||£8,970 - £21,480||Fracture or break that takes longer to heal, rising to permanent disability but lessening pain over time.|
|Wrist Injury - Minor||Up to £8970||Soft tissue injury with full recovery, to fractures or breaks taking longer to heal.|
|Leg Injury - Severe||£85,910 - £236,840||Amputation of part of one or both, or all of one or both legs.|
|Leg Injury - Moderate||£24,340 - £119,420||Complicated fractures or breaks, some loss of use, continuous pain and discomfort, extensive scarring, surgery required and possibly bone grafts.|
|Leg Injury - Minor||£7,990 - £24,340||Simple fractures and breaks, short term pain and loss of use of leg, full recovery over time.|
|Minor Injuries||Up to £600||Full recovery within 7 days|
|Minor Injuries||£600 - £1,200||Full recovery within 28 days|
|Minor Injuries||£1,200 - £2,150||Full recovery within 3 months|
It is important to point out that these values are averages that have been awarded in previous compensation claims and there is no guarantee that you will be awarded the same, as previously stated, each case is unique and so therefore if successful, you could be awarded more or less than those amounts above.
Legal Helpline offer a No Win No Fee service. No Win No Fee is a service whereby if we were to take on your case for you and we lost, you would not be required to pay any legal costs at all. If we won however, we would simply take our fees as a small percentage on your compensation claim award. Using our No Win No Fee service is really beneficial for our clients as we do not ask for any payments upfront or during the claiming process and so they do not need to worry about the financial aspect of hiring a law firm. If and when we win their case, any legal fees will be included in and covered by their compensation amount paid out to them.
By choosing Legal Helpline to act on your behalf when making your supermarket compensation claim, you can rest assure that your case has a great chance of success. At Legal Helpline we are a Claims Management Company who have a panel of very experienced solicitors that have specialised in the personal injury claims industry for a number of years with very successful results.
We work to a high professional standard and work tirelessly to gather evidence and build a really strong case. We always give our client’s honest and experienced advice and will guide you through the claiming process every step of the way.
We are a friendly and reliable team that just want the best for our clients and to be able to lift some of the financial pressures they may be facing since sustaining their injury, by getting them the maximum payout possible. We work quickly and efficiently to get the compensation our clients deserve as soon as possible so that they can move on with their lives and concentrate on recovering from their injury.
If you’d like further help and advice, or you’d like Legal Helpline to represent you in your supermarket accident compensation claim, then just give us a call on 0161 696 9685. Your call will be answered by a member of our team who will be happy to help.
Advice to claiming compensation after an accident in a shop as opposed to supermarkets.
This is the Health and Safety Executive (HSE) site which gives lots of information regarding health and safety in the retail industry and what is expected by the retail companies.
The HSE guide to retail slip, trip and fall accidents, what may cause them and steps that should be taken to prevent them from happening.