Last updated on April 13th, 2022
When you go into a shop, the last thing you think you’ll leave with is an injury. However, accidents in shops do happen and they can result in serious injuries. Any customer, visitor, employee, or staff member who is injured in a shop could claim compensation for their suffering if the accident was caused by negligence.
In this guide to claiming compensation for an accident in a shop, we’ll provide clear information on when you could be eligible to seek damages and what level of compensation might be paid for certain injuries.
If you’d like to discuss an accident in a shop to see if you could sue for compensation, give our personal injury advisors a call on 0800 6524 881. If you’d prefer to find out more about claiming before contacting us, please continue reading.
Table of contents
- Am I Eligible To Claim Compensation For An Accident In A Shop?
- Evidence To Support An Accident In Shop Claim
- Common Causes Of Accident In Shop Claims
- Common Injuries From Accidents In Shops & Stores
- How Much Compensation For An Accident In A Shop Could I Claim?
- Claims Time Limits
- Using No Win No Fee Solicitors For An Accident In Shop Claim
Compensation is obviously not an automatic right following an accident in a shop. To sue a store for injury you’ll need to prove what happened, who was to blame, and what injuries you sustained. For a solicitor to accept your claim, they’ll want to determine that:
- The shopkeeper/owner or operator owed you a legal duty of care; and
- A negligent act caused an accident in the shop to occur; and
- As a result, you were injured.
Shops and stores owe all customers and visitors a duty to make sure the premises are as safe as possible under the Occupiers’ Liability Act 1957. Therefore, you won’t need to worry too much about proving the first point in the list above. However, you may need strong evidence to show why the shop’s operators were negligent and how you sustained your injuries.
The Health and Safety at Work Act 1974 places a legal duty of care on shop employers towards the well-being of their staff and customers. This legislation covers many different elements which include:
- Initial and ongoing training in health and safety;
- Risk assessments to avoid shop accidents;
- Provision of the relevant safety equipment;
- Matching a shop worker’s experience with a potentially difficult task;
- Maintaining a clean and tidy shop environment;
- Production of working procedures;
- Regular maintenance of equipment.
If you have been injured working in a shop or store and are unsure of your rights to claim compensation contact us to arrange a free consultation.
When you begin a compensation claim against a shop, they will pass it to their insurance company. They will only pay compensation if you can prove why the shop was liable for your accident and subsequent injuries. To help with this process, there are several steps you can take including:
- Reporting an accident in a shop. Any accidents in shops and stores should be recorded in an accident report book. You are entitled to a copy of the report. This could be useful as it will prove the exact date, time, and location of your accident
- Seeking treatment. While you may receive first aid, your injuries should be properly assessed and treated by visiting A&E, your GP, or a minor injuries unit. The subsequent medical notes could be used to show the extent of your injuries.
- Taking details of witnesses. This can be very important. If the shop denies liability for what happened, witnesses could be asked for a statement by your solicitor to help clarify how the accident occurred.
- Obtaining CCTV footage. Many shops use security cameras these days. If your accident was recorded by one, you are allowed to request a copy of the CCTV footage. This could make the cause of the accident much clearer.
- Taking photographs. Another way of explaining what caused your accident is to take photographs at the accident scene. If you’re able to, try to do so before the area is cleared up and the cause of the accident is removed.
While it might take a while to obtain some of this evidence, it can be a really useful exercise. Remember, the aim here is to prove liability so the more evidence you have, the better.
If you’d like us to check the evidence you’ve gathered so far, or find out what our solicitors can do to get the evidence required, please contact our claims advisors.
In this section, we’re going to look at some common reasons stores and shops can get sued for personal injury compensation. Please don’t worry if there isn’t an example that matches your own experience. You could still be eligible to claim compensation.
Here are a few examples:
- Slips, trips and falls. In the retail sector there is a constant danger of spillages, leading to slips, trips and falls in shops and stores that can injure both shop workers and customers. In a perfect world all spillages would be cleared immediately from the shop floor. Undue delay may well be deemed negligent by the courts.
- Being struck by an object. Fixtures, fittings and merchandise should all be secured properly. If an item falls onto you because it wasn’t secured, you could claim for any resulting injuries.
- Lifting and handling. Staff should be properly trained in manual handling methods and aids provided to make moving stock around easier. If that’s not the case and you’ve been injured from manual handling as a result, you could begin a claim.
- Struck by a warehouse cage. Cages and similar devices are often used to move stock from the warehouse to the shop floor. If you’re struck by one because the operator was not paying attention or could not see through their cage, you may be entitled to compensation.
- Cuts and lacerations. You may also be entitled to damages if you cut yourself on damaged shelving or shop fittings.
It is the duty of shop owners and managers to ensure that the appropriate training is provided and safety clothing/ equipment is made available where necessary. If they have failed to do so and this leads to shop customers or staff being injured, you may also be able to claim compensation.
To check whether you’ve got the grounds to make an accident in shop claim, please call today.
You could claim for any injury sustained in a shop accident that was caused by a negligent act. We can’t list every single injury here of course, but some of the more common include:
- Ligament damage.
- Cuts, lacerations and bruises.
- Broken bones.
- Achilles tendon injury.
- Back injuries.
If you believe your injuries resulted from a negligent act, call today to see if we could help you make an accident in a shop claim.
Your solicitor will ultimately calculate how much compensation for an accident in a shop you should receive based on two elements:
- General damages are claimed to cover the pain, suffering and loss of amenity your injuries have caused.
- Special damages are claimed to cover any costs associated with your injuries. For example, you might claim back any lost income, medical expenses or travel costs.
A medical review of your injuries might be required as part of your claim. This will usually be conducted locally by an independent medical specialist.
Until your solicitor knows what injuries you’ve sustained in the accident in the shop and assessed your claim it isn’t possible to advise you on what your injuries are worth in compensation. However, the selection of compensation amounts shown in the table below should give you some idea.
The data we’ve used comes from the Judicial College which provides guideline compensation payouts for a wide number of injuries in relation to general damages. The same information is used by solicitors and insurers when determining settlement amounts.
|Achilles Tendon||Mild||£7,270 - £12,590|
|Back Injury||Mild||Up to £12,510|
|Elbow Injury||Mild||Up to - £12,590|
|Eye Injury||Mild||£2,200 - £8,730|
|Finger Injury||Minor||Up to - £4,750|
|Foot Injury||Mild||Up to £13,740|
|Hand Injury||Minor||Up to £4,750|
|Head Injury||Mild||£2,210 - £12,770|
|Nose Injury||Minor||£1,710 - £2,520|
If you’d like to discuss the injuries you’ve suffered and how you’ve been affected by the accident in a shop, please get in touch today.
Any type of compensation claim will have a specific time limit. For suffering a personal injury in a shop, you’ll have 3-years to file your case. This will usually begin from the date you were injured.
An exception to this is when a child is injured in a shop. In this case, there won’t be a time limit so long as you represent your child before they are 18-years old.
Our advice would be to begin your accident in shop claim as early as you can. There are several reasons for this. One is that you’ll allow plenty of time for evidence to be gathered and reports to be compiled. Another is that your solicitor could seek an interim payment if your rehabilitation would benefit from private medical care.
To check how long you have left to claim or to ask any questions, please call today.
Winning an accident in shop claim can sometimes require complex and technical evidence. If you can’t convince the shop’s insurers that your injuries were caused by their client’s negligence, you might not be paid any compensation.
It is our belief that you are more likely to be compensated fairly if you have a No Win No Fee personal injury solicitor on your side. If one of ours accepts your claim they will:
- Collect and collate evidence from various sources.
- File the claim with the shop in question.
- Arrange for your local medical assessment.
- Handle all queries, objections and negotiations with the defendant’s insurer on your behalf.
- Attempt to achieve the maximum level of compensation possible for your injuries.
If you’d like to check whether you have the grounds to seek compensation, call our team on 0800 6524 881 today. We’ll discuss your options with you straight away and could appoint a personal injury solicitor from our team. Remember, if your accident in shop claim is accepted, you’ll benefit from a No Win No Fee service.