Accident In Shop Claims – How Much Compensation Can You Claim?

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. If you’ve been injured in a shop due to somebody else’s negligence, you may be eligible to make an accident in shop claim for compensation.

In this guide to claiming compensation for a shop accident, 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 claim compensation, our personal injury advisors are available on 0800 6524 881. If you’d prefer to find out more about claiming before contacting us, please continue reading.

Am I Eligible To Make An Accident In Shop Claim?

Anybody injured in a shop may be able to claim compensation if negligence was to blame, whether you’re a customer, shop staff, or a delivery driver, for example.

Generally, for a shop accident claim to be successful, you’ll need evidence to prove:

• The defendant (shopkeeper/owner/operator etc) owed you a legal duty of care; and
• Their negligence 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.

Can I Claim As An Injured Shop Worker?

Yes, as an injured shop worker, you may be able to claim compensation if your employer’s negligence caused your accident. Under the Health and Safety at Work Act 1974, shop employers have a legal duty to protect the well-being of their staff by:

• Providing health and safety training;
• Conducting regular risk assessments to prevent accidents;
• Supplying appropriate safety equipment;
• Assigning tasks that match a worker’s experience;
• Ensuring the shop environment is clean and safe;
• Establishing safe working procedures;
• Maintaining equipment to prevent accidents.

If your employer failed to meet these responsibilities and you were injured as a result, you could be entitled to compensation.

Common Causes Of Accident In Shop Claims

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 and falls. In the retail sector, there is a constant danger of spillages, leading to slips and falls in shops and stores that can injure both shop workers and customers. In a perfect world, all spillages that could cause wet floor injuries 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 for being injured in a warehouse accident.
• Cuts and lacerations. You may also be entitled to damages if you cut yourself on damaged shelving or shop fittings.

Shop owners and managers must 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.

Common Injuries From Accidents In Shops

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, but some of the more common include:

If you believe your injuries resulted from a negligent act, call today to see if we can help you make an accident in a shop claim.

How Much Compensation For A Shop Accident Could I Claim?

There isn’t a fixed compensation amount for a shop accident as every claim is unique. Therefore, your solicitor will ultimately calculate how much compensation you should receive, typically 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.

Shop Accident Compensation Calculator

Until your solicitor knows what injuries you’ve sustained in the shop accident and assessed your claim, it isn’t possible to accurately calculate what your injuries are worth in compensation. However, the guideline payout amounts shown in the compensation calculator 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.

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.

Evidence To Support An Accident In Shop Claim

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. If you had an accident while shopping, it should be recorded in the store’s accident report book. When reporting the incident, try to note the staff member’s name and the time of the report. You’re also entitled to a copy of the accident report, which can serve as evidence to confirm the exact date, time, and location of the accident, as well as the store’s acknowledgement of what happened.
• Keeping receipts or proof of purchases. Keeping any receipts or proof of purchase from the store could help confirm that you were there when the accident occurred.
• 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 shopping precincts and stores 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.
• Recording your recovery. Keeping a diary of your recovery process, including details of any ongoing pain or how the injury has affected your daily life and ability to work, can be useful for building your case.
• Keeping evidence of lost wages. If your injuries caused you to miss work, you should provide payslips, bank statements, plus a letter from your employer to show the time you were off and the wages you lost due to the accident in the shop.

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.

Time Limits For Claiming Shop Accident Compensation

The time limit for starting a shop accident claim is usually 3 years from the date of the accident, although a later “date of knowledge” could apply in some situations.

However, there are some exceptions:

• Children – If a child has been injured in a shop, the three-year time limit does not start until they’re 18 years old. This means a claim can usually be made on their behalf by a litigation friend before they turn 18, or the child can start their own claim anytime before their 21st birthday.
• Lack of mental capacity – For adults who lack the mental capacity to deal with a claim, the time limit may not apply unless they regain capacity.

We recommend starting your accident in shop claim as soon as possible. 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.

Do I Need A Solicitor To File A Shop Accident Claim?

No, you’re not legally obliged to use a personal injury solicitor. However, winning a shop accident claim can sometimes require complex evidence. If you can’t convince the shop’s insurers that your injuries were caused by their client’s negligence, you may not receive any compensation.

We believe 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.

Please contact us today to see how we can help.

Starting The Shop Accident Claims Process

If you’d like to check whether you have the grounds to seek compensation, call our team on 0800 6524 881 today. Alternatively, you can fill out one of our callback forms or use the live chat service.

We’ll discuss your options with you straight away and could appoint a personal injury solicitor from our team. Remember, if we start the accident in shop claims process, you’ll benefit from a No Win No Fee service.