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A trip to the shopping centre, whether it’s a solitary self-care day or an outing with loved ones, should always be a safe and enjoyable environment. We put our trust in the services, machinery and conduct of the staff, so that we can relax and enjoy the day. However, things can go wrong, resulting in customers and members of the public pursuing shopping centre accident claims.
Key Takeaways
- Time Limits: Generally, you have 3 years from the date of the accident taking place to begin the claiming process.
- Types of Accidents: This can range from a shopping centre failing to maintain equipment to not signposting a wet floor
- Evidence: The more proof a shopping centre accident claim has, the more likely it is to be successful
- Injuries: Injuries sustained in a shopping centre can range from a broken ankle to a severe head injury
- Funding Options: Here at Legal Helpline, our panel of solicitors offer their services on a No Win No Fee basis
We understand that you might have some burning questions about the public liability claims process. Our advisors are on hand to help you and offer you free advice for your case.
Frequently Asked Questions
- Can I Claim For An Accident In A Shopping Centre?
- How Much Compensation Is Awarded In Shopping Centre Accident Claims?
- Who Will Be Responsible For Paying My Shopping Centre Injury Compensation?
- How Might Negligence Lead To An Accident In A Shopping Centre?
- What Evidence Can Help Support My Shopping Centre Accident Claim?
- Is There A Shopping Centre Claims Time Limit?
- Can I Make A No Win No Fee Shopping Centre Compensation Claim?
- More Information
Can I Claim For An Accident In A Shopping Centre?
Yes, you can claim for an accident in a shopping centre if you can prove that a third party was at fault for the injuries you suffered. We’ve provided the specifics below:
- The shopping centre owed you a duty of care
- They failed to adhere to this duty
- The caused you to sustain harm in the form of a physical or mental injury or both
The Occupiers’ Liability Act 1957 outlines that the occupier (a person or company responsible for a public space) must take steps to ensure your reasonable safety. For example, a shopping centre must use wetfloor signs for spillages and ensure all machinery, such as escalators, is regularly maintained.
If the occupier, or in this instance, the shopping centre, fails to take the steps laid out above, they may have breached their duty of care towards you, and you may have an eligible shopping centre accident claim if this caused you to suffer an injury.
Can Shopping Centre Accident Claims Be Made On Behalf Of A Loved One?
Yes, shopping centre accident claims can be made on behalf of a loved one, and you would do so as a litigation friend. A litigation friend is a legally appointed role, and it allows a family member or someone close to the injured party to claim on their behalf. This is because the litigation role requires a person who can be trusted to handle decision-making, representation and communication during the legal proceedings, as well as keeping the protected party’s best interests in mind at all times.
You can apply for or be appointed for this role in the following circumstances:
- If the injured person is under the age of 18, as minors cannot make their own claim.
- If the injured person lacks the mental capacity to manage their own claim.
Is there someone you love in your life who might need your help to make a shopping centre accident claim? Contact us online or phone us today so can talk you through the next steps.
How Much Compensation Is Awarded In Shopping Centre Accident Claims?
The amount of compensation awarded in shopping centre accident claims varies depending on various factors such as what injuries you have suffered, how severe they are, and what treatment you have needed.
Solicitors and legal professionals valuing your injuries can refer to the Judicial College Guidelines (JCG). The JCG is a publication that contains suggested compensation brackets for a wide range of injuries.
Any injuries you have suffered would be compensated under general damages. This first head of claim covers any pain and suffering you have experienced physically and emotionally because of your injury.
Your solicitor will consider:
- The severity of an injury
- The impact the injury has had on your quality of life
- The presence of any psychological damage, such as PTSD
- Whether there is disfigurement or deformity involved
- Any lasting effects, such as cosmetic issues or a permanent disability
We’ve provided you with a table below containing several injuries and their related guideline compensation brackets sourced from the JCG for you to take a look at. Please only use this table as a rough guide and not as confirmed compensation awards. Notably, the first row has not been selected from the JCG.
| INJURY | COMPENSATION | NOTES |
|---|---|---|
| Multiple Serious Injuries and Special Damages | Up to £1 Million+ | Compensation for suffering multiple injuries severe in nature and for special damages such as lost wages and medical expenses. |
| Brain & Head - Very Severe | £344,150 to £493,000 | In this award there is some ability to follow basic commands but the person will need professional care full-time |
| Brain & Head - Moderately Severe | £267,340 to £344,150 | The injured claimant will be very seriously disabled and there will be substantial dependence on others, including constant professional care. |
| Neck - Severe (i) | In the region of £181,020 | This neck injury will be associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Back - Severe (ii) | £90,510 to £107,910 | Special features will have been suffered taking the person outside any lower bracket applicable to orthopaedic injury to the back. |
| Arm Injuries - Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | There will be serious fractures to one or both forearms where there is significant permanent residual disability. |
| Ankle - Severe | £38,210 to £61,090 | This injury or injuries will require an extensive period of treatment as well as a lengthy period in plaster or where pins and plates have been inserted. |
| Elbow - Less Severe Injuries | £19,100 to £39,070 | The claimant will experience impairment of function but will not involve major surgery or significant disability. |
| Wrist Injury - with Some Permanent Disability | £15,370 to £29,900 | This bracket covers less severe injuries where there is some permanent disability, for example, persistent pain and stiffness. |
| Shoulder - Serious | £15,580 to £23,430 | Damage to the lower brachial plexus with a dislocated shoulder. |
How Can Compensation Help After Being Injured In A Shopping Centre?
Compensation can help with any financial losses you have expereinced after being injured in a shopping centre via the second head of claim: special damages. This head of claim can be important if you have suffered severe injuries and require an extended period of time off work.
Special damages can cover things like:
- Loss of earnings, including future earnings
- Travel expenses from attending medical appointments
- Care costs from both loved ones and professionals
- Private treatments and other medical expenses
- Adaptations to your home if your injury has resulted in mobility issues
In order for you to receive special damages, you will need to prove that they happened in the first place by providing evidence in the form of documented costs. For example, payslips, invoices and receipts.
Please remember that our advisors are only one phone call away and can answer any of your questions on shopping centre accident claims and how compensation is awarded.
Who Will Be Responsible For Paying My Shopping Centre Injury Compensation?
The person or company responsible for paying your shopping centre injury compensation will be the occupier. In other words, the shopping centre would be responsible for paying your compensation. Generally, they would pay this to you via their insurance.
With that being said, if you were hurt inside a store within a shopping centre, it may mean that the store is found liable, not the shopping centre in which it resides.
We understand that this distinction might be a little tricky, so to find out more, please contact us online, over the phone or via our live chat for free.
How Might Negligence Lead To An Accident In A Shopping Centre?
To give you a clearer picture of how negligence might lead to an accident in a shopping centre, we’ve provided some examples for you to have a look at:
- A heavy light fixture has not been fitted securely. The fixture falls from a height and smashes on a person’s head, causing a head injury and cosmetic complications to their face.
- The escalator in a shopping centre has not had regular maintenance checks. This causes the escalator to move too quickly, resulting in a customer tripping when trying to step on and suffering a knee injury.
- A loose railing on a flight of stairs has been reported by employees in a shopping centre several times, but it still hasn’t been fixed or cordoned off. An elderly member of the public uses the railing for support, and it breaks, causing the person to fall down the stairs and break their leg.
These are just a few examples of what negligence can look like in a shopping centre. Perhaps one of the above sounds similar to your unique circumstance? Let us help you. Contact us for free today.
What Evidence Can Help Support My Shopping Centre Accident Claim?
The evidence that can help support your shopping centre accident claim is anything that can demonstrate what injuries you suffered and how the shopping centre was at fault.
Evidence is essential when it comes to shopping centre accident claims, and we can help you build a strong wall of proof. The first thing we’d recommend is to seek medical attention immediately after the accident. Not only will this prioritise your health, but it will also strengthen your case by showing an official record that you sought medical attention promptly.
There are a few different forms of evidence you can gather to help support your claim. Here are a few examples:
- Photographs of your injuries, as well as the accident scene in the shopping centre
- CCTV footage of the accident
- Contact details from those who witnessed the accident, as they may be willing to write statements of what they saw
- Medical records articulating the type of injury you suffered, its severity and any subsequent treatment you received
This list is not exhaustive, and we’d much prefer to talk through evidence in greater detail, so we can help you build the strongest possible shopping centre accident claim. Get in touch today.
Is There A Shopping Centre Claims Time Limit?
Yes, there is a shopping centre claims time limit, which is 3 years running from the date the accident took place. The Limitation Act 1980 sets out this time limit.
An important distinction to bear in mind is that the following individuals are exempt from this time limit:
- An adult who lacks the mental capacity to file a claim on their own. They would only be able to do so independently if their capacity returned. The time limit would start from the date of their recovery
- A minor who is too young to claim. They can claim independently between their 18th and 21st birthday.
It’s normal to have questions about the legal time limit when it comes to your shop accident claim, and we’re only one phone call away. So, get in touch with our advisors if you need a hand.
Can I Make A No Win No Fee Shopping Centre Compensation Claim?
Yes, you can make a No Win No Fee shopping centre compensation claim with us here at Legal Helpline, where our panel of personal injury solicitors provides expertly tailored advice to all of their clients. Specifically, our panel will offer their services via a Conditional Fee Agreement (CFA) contract.
With a CFA in place, you will not have to pay for solicitors’ service fees if your claim fails or whilst it is ongoing. You won’t have to pay for any upfront solicitors’ service fees either.
In fact, you’ll only have to pay a success fee if your shopping centre accident claim wins, and this will be in the form of a legally limited percentage of your compensation, as per the Conditional Fee Agreements Order 2013. This approach ensures that you keep the majority of your compensation for your shop injury claim.
In addition to offering their services under a CFA, they can help you with:
- Gathering supporting evidence.
- Submitting your claim within the time limit
- Organising an independent medical assessment
- Arranging any physiotherapy or rehabilitation you may need
- Negotiating your compensation settlement
Please get in touch with our team of advisors using the contact information below to learn more about how our panel of solicitors can help with your shopping centre injury claim:
Contact Legal Helpline
- Phone us on 0333 000 0729
- Contact us online
- Click on the chat button to speak with an advisor.
More Information
We’ve handpicked some of our other guides below:
- Read this guide on claiming compensation after a slip on a wet floor.
- Discover how it works regarding slip, trip or fall injury claims.
- Learn what to do after an accident in a shop.
You can also get further guidance in our selection of external links:
- Read up on Health and Safety in the retail sector from the Health and Safety Executive.
- Request CCTV footage of yourself from GOV.UK.
- Discover how to get copies of your medical records from the NHS.
Thank you for taking the time to read our article on shopping centre accident claims.
