Thousands of customers visit shops and shopping centres in the UK every day to make purchases, and while most have no issues, there are those who can fall victim to shopping accidents as a result of someone else’s negligence.
Accidents whilst shopping happen very suddenly and can leave behind painful, long-term injuries such as fractures or broken bones, whiplash, cuts and bruises. Business owners must follow strict guidelines to ensure the safety of their customers; therefore, if they have failed to do this, they may be responsible for your claim.
If you have been injured in a supermarket, shopping centre or any other shop, you may be eligible to make a shopping accident claim. Contact Wildwood Legal today to speak with one of our personal injury lawyers, who will be able to determine your eligibility and discuss your potential accident claim for compensation.
Common causes of shopping accidents
Although shopping centres and shops seem like safe places, serious injuries can still happen if proper procedures and regulations are not put into place. An example of this can be if staff members at a shop have not properly stacked shelves which can lead to you being injured by falling objects. This can also apply to lighting fixtures and shelves that have not been secured correctly during construction.
Slips, trips and falls are another potential cause of shopping accidents. These accidents often happen due to wet floors due to spillages not being cleaned up or properly signposted by shop keepers or business owners. These trips can also be caused by boxes and packaging left around by employees.
Supermarket accidents can result in a variety of injuries such as broken or fractured bones, concussions, lacerations, sprains and bruising.
Health and Safety Act 1974
In UK law under the Health and Safety Act 1974, shop owners and shop employers are placed under a legal duty of care to ensure the well-being of their customers and their staff. This legislation covers many different points, these include:
· Risk assessments to locate any potential accident risks
· Regular maintenance of shop equipment
· Providing employees with the correct safety equipment
· Maintaining a tidy and clean shop environment
· Ensuring that any spillages are taken care of straight away
If a business owner or employer has failed to put these procedures into place and you have been injured in a shop as a result, they may be liable for your injuries if you are able to prove that they failed to fulfil their duty of care.
What evidence is required in shopping accident claims?
You may also be required to provide evidence to prove negligence following a shopping accident. Below are just a few pieces of evidence that you could be asked to provide:
· Any witness statements alongside their contact details
· CCTV footage of the accident occurring (if available)
· Official records of the injuries sustained, such as a medical record
· Any photos that you have of where the accident occurred and/or photos of the injuries that you sustained
· Evidence that you reported an accident to the correct person, whether that was an employer, business owner or member of staff
After you have sustained an injury following an accident in a shop, it is in your best interest to talk to a solicitor as soon as possible as they can discuss your entitlements with you and advise you on your options going forward.
Personal injury Solicitors from law firms can also provide clarity on whether you have been wrongly injured as they are legal experts and specialise in these types of compensation claims.
What can be recovered in shopping accident claims?
There are a variety of losses that can be recovered following a shopping accident that was not your fault. Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents. Therefore, it has made a provision for injured persons to obtain compensation for this.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed.
A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident due to negligence..
Other financial losses – Other financial losses which were directly caused by the accident, such as medical treatment and travel costs, can also be recovered as part of a personal injury claim.
How is shopping claims compensation calculated?
Compensation awards for all personal injury claims, including shopping accident claims, are split into general damages and special damages.
General Damages – This refers to the amount of compensation you receive for your pain, suffering and loss of amenity.
To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future, medical costs, travel costs or the costs of care provided to you.
It is difficult to estimate the amount of compensation you will receive for your injuries without knowing the full extent of your injuries. There are, however, compensation calculators online that can be used to estimate how much you may be able to receive from your shopping accident injury claim.
Time limits for making shopping accident claims
The general rule on time limits for making a shopping accident claim is similar to most other personal injury claims. You will have three years from the date of the injury to have either settled your claim or started court proceedings once the accident occurred.
The three-year deadline begins on the date that the accident happened or from the date on which you realised that your injuries were associated with the shopping accident.
The three-year time limit for claiming compensation does not apply to those under 18; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.
How much do shopping accident claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on a Conditional Fee Agreement (also known as a no-win, no-fee claims).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your financial compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing. For more information on this, contact us today to get in touch with one of our specialist solicitors.
How can Wildwood legal assist?
At Wildwood Legal, we know that the consequences of being injured in an accident can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.
We see all too often the significant effect that a serious injury can have on people’s lives. We can help on the financial side to get you on the road to recovery and get you the maximum compensation for your injuries. Our core strength is in personal injury claims.
We are experienced in helping you with any injury compensation claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.
We value the opinion of our clients, and we will always listen to you and take on board what you say. To make an enquiry, get in contact with us either email us email@example.com or call us 01423 209 046. We have registered offices in Harrogate and London.
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