Despite taking all possible precautions, everyday across the UK people get injured as a result of slips and trips whilst out and about. They are one of the most common types of liability claims.
Shops and shopping centres are areas of trading and as such are classed as public spaces and have a duty to ensure that their premises are safe and hazard free for their visitors. Under the Occupiers’ Liability Act 1957, the person or organisation running the shop has a duty of care to ensure that you stay safe whilst using their premises. The same rule applies whether it is a private shop or a large shopping centre.
Common slip and trip hazards which cause accidents in shops
Be aware of the following whilst out shopping:
- Wet or polished floors
- Food or liquid spillages
- Uneven flooring
- Worn or frayed carpets
- Discarded packaging from stocking shelves
- Trailing wires or cables
- Inadequate warning signs
It should be noted that it is not always the fault of the shop owner if you are injured on their premises. They may have a contractor or builder carrying out work in the shop and this party hasn’t followed the correct safety measures to protect you.
What should I do if I am injured in a shop?
If you have been injured in a public place such as a shop, you can make a claim against the owner’s public liability insurance.
In order to make a successful personal injury claim, you will need to prove that the shop owner was responsible for your personal injury.
The key points for a successful personal injury claim is clear and compelling evidence that establishes beyond doubt that the shop owner’s negligence caused your injury.
The stronger the evidence is, the more likely the shop owner will admit liability for the accident at the beginning of the claim. This will speed up the time it takes to settle your case. Even if the shop owner denies liability, a personal injury claim with good evidence stands a greater chance to be settled in negotiation.
It is important to be totally honest with the evidence you provide as any false information can lead to a claim for fundamental dishonesty against you. For more information on fundamental dishonesty, please click here.
To help your solicitor build your case for your personal injury claim, you should provide evidence such as:
- The date, time and details of your accident.
- Who was responsible for your accident? Names and contact details of everybody involved, including any witnesses.
- The accident location. It will be necessary to be able to provide a detailed description of exactly where the accident occurred.
- Photographs of the area where the accident occurred with specific focus on what caused you to slip, trip or fall.
- Name of your GP practice and any hospitals where you have been treated.
- Dates and times of any subsequent visits to see medical professionals.
- Any financial losses you (or family members) have incurred as a result of the accident. Keep a diary and keep the receipts. These losses include items such as loss of earnings and travel expenses while attending medical appointments. Your solicitor will use these in your personal injury claim.
You should seek medical attention as soon as possible, no matter how minor your injury appears initially.
To be able to claim compensation for an injury, it is necessary to show that the injury was caused by the accident in question and not by something else. This is called causation. GP and Hospital records will be important in terms of establishing causation.
Further, you must show that you took steps to mitigate your losses by seeking medical assistance at the earliest opportunity possible. If you have not, then the shop owner could argue that they cannot be held entirely responsible for your injuries and compensate you in full as you did not act reasonably to seek treatment at the earliest opportunity possible and this could have exacerbated your injuries.
How much compensation can I claim for a Slip/Trip Injury?
There is no set amount of compensation for an injury caused by a slip or trip. This is because it depends how the injury has impacted your life.
Two people can have an identical injury but may be affected differently. For example, an office worker may be able to return to work faster than a person who has a job involving manual work.
Our highly experienced personal injury experts have years of experience in dealing with various types of personal injury claims and achieving favourable outcomes for our clients. If you have suffered an injury due to somebody else’s negligence and would like to speak with a personal injury specialist please call us today on 0808 252 5231.