Last updated on May 12th, 2022
In recent times, shopping centres have got bigger and bigger especially when they’re located outside of the town centre. When visiting a shopping centre, an outlet centre or a shopping village, you wouldn’t expect to suffer anything other than tired feet during your trip. However, accidents in shopping centres do happen and, if the accident wasn’t your fault, you could be compensated for any injuries.
In this guide to shopping centre accident claims, we’ll show you how to begin a claim and we’ll look at how much compensation you could potentially claim.
It’s always good to review your options before claiming compensation and that’s exactly what our team can do. We’ll assess the merits of your claim and provide free legal advice during a no-obligation telephone consultation. Should you have a reasonable chance of being compensated, we’ll connect you with a personal injury solicitor from our team. They’ll manage your case on a No Win No Fee basis if it’s accepted meaning you won’t need to pay any fees unless you receive a compensation settlement.
To find out whether you could be compensated for an accident in a shopping centre, call us on 0800 6524 881 today. Alternatively, to find out more about making a shopping centre accident claim, please read on.
Table of contents
- Am I Eligible To Claim Compensation For An Accident In A Shopping Centre?
- Examples Of Shopping Centre Accidents
- Common Injuries From Accidents In Shopping Centres
- How Much Compensation For A Shopping Centre Accident Could I Claim?
- Evidence To Support A Shopping Centre Accident Claim
- Time Limits For Shopping Centre Accident Claims
- Starting A Shopping Centre Accident Claim
Legislation including the Occupiers Liability Act 1957 means that shopping centre operators must take reasonable precautions to try and keep customers, visitors, and staff as safe as possible. This is known as their legal duty of care. Before one of our personal injury solicitors accepts a claim, they will try to check whether:
- The defendant (the operator of the shopping centre) breached its duty of care through an act of negligence; and
- An accident at the shopping centre happened because of their breach of duty; and
- You sustained injuries in the accident.
Importantly, you shouldn’t be put off from claiming if you think you had a part to play in the accident happening. A split-liability claim might be possible if you and the shopping centre shared the blame for the accident and any compensation payment would be adjusted accordingly.
Please get in touch if you believe you should be compensated for injuries sustained in a shopping centre accident.
We can’t list every single scenario that might lead you to claim compensation for an accident in a shopping centre but some examples include:
- If you were injured by shop signage that fell on you because it wasn’t secured properly.
- Where you suffered burns when washing your hands in the toilet facilities because of a broken thermostat.
- If you tripped and fell because stock within a shop had been left on the shop floor after it’d been dropped rather than being returned to the shelving.
- Where you slipped while shopping because of a wet floor at the entrance to the shopping centre caused by adverse weather but the area hadn’t been cleared or warning signs weren’t used.
- If a mirror or other shop furniture fell on to you because it’d not been secured to the wall properly.
- If you suffered an electric shock because of exposed wiring or faulty equipment.
- Where you cut yourself on damaged seats or benches within the shopping centre.
- If you were injured in an area that was undergoing maintenance but was not cordoned off properly.
Later on, we’ll look at what evidence you could use to prove how the accident in the shopping centre happened and what injuries you sustained as a result. If you don’t see an accident here that isn’t similar to your own, don’t worry, we could still help you to claim. Please get in touch to check your options.
Essentially, a shopping centre accident claim could be based on anything other than the most minor injuries. Examples include:
- Scalds or bruises.
- Back injuries.
- Soft tissue injuries affecting ligaments, tendons or muscles.
To help prove the severity of your injury, you’ll need a medical assessment if you do decide to claim. This will usually be performed locally by an independent medical expert. They’ll examine you whilst discussing how you’ve been affected by your injury. Following your appointment, a report will be produced detailing your prognosis and it will be forwarded to both parties involved in the claim.
There is no one specific amount of compensation that is applied to anybody who gets injured in a shopping centre accident. However, if you are awarded compensation following a no-fault accident, any payout will be based on the physical and mental impact of your injuries (general damages) and any expenses you’ve had to pay due to those injuries (special damages). This means you could be compensated for:
- The pain caused initially by your injuries as well as in the future from the shopping centre accident.
- Any mental harm your injuries have caused. This could include embarrassment, distress and depression.
- Loss of income where you couldn’t work due to your injuries,
- The cost of replacing personal property damaged during the accident.
- Any negative effect on your hobbies, social life and family activities.
- The time somebody else spent caring for you during your recovery.
- Medical and rehabilitation costs.
- Travel expenses.
- Changes to your home such as ramps or handrails if you sustain an ongoing disability.
- Future loss of earnings if you are unable to work at the same level as before because of your injuries.
Our specialist solicitors want to ensure that any client is fully compensated for their suffering. Therefore, before filing your shopping centre accident claim, your solicitor will review your case in fine detail so that they fully understand how you have been affected.
Here is our compensation calculator tool to show you some potential compensation amounts for a range of different injuries:
These figures are for general damages and based on the Judicial College’s guidelines. You will need to submit receipts and other documentation to show actual expenses relating to special damages.
If you claim compensation against a shopping centre, your case will probably be sent to their insurance company. Their stance, generally, will be to deny liability for the accident. That means you must have enough evidence to prove what happened, why the defendant should be held responsible, and how you’ve suffered. Evidence that could help with this includes:
- Photographs. Taking pictures at the accident scene at the shopping centre can really help to demonstrate what caused your accident. Ideally, you should attempt to take as many photographs as possible at the time of the accident before anything is moved.
- CCTV footage. Many shopping centres use security cameras for various reasons. If your accident was caught on camera, you’re well within your rights to request a copy of the footage.
- Witness information. If anybody else saw you get injured, ask them for their contact details. In cases where liability is unclear, your solicitor could use witness statements to help clarify matters.
- Accident report forms. You should always report any accident in a shopping centre to management. They should give you a copy of their report which can be useful evidence for your claim.
- Medical records. If your injuries required medical treatment at a local hospital, GP’s surgery or at a minor injuries unit, records from the appointment can be requested to help prove the injuries you sustained.
During your free consultation, one of our advisors will look at any evidence you’re able to supply. Therefore, if you can, try to collect as much as you’re able to and ideally have it ready when you get in touch.
When making a personal injury claim for an accident in a shopping centre, you’ll need to abide by the time limits. In most cases, shopping centre accident claims will have a 3-year limitation period starting from the date you were injured. An exception to this rule is if you claim on behalf of your child. Instead of a 3-year time limit, you can start their claim (as a litigation friend) at any point before their 18th birthday.
It’s advisable to take action earlier rather than later in our experience. If you do, your solicitor will have the time needed to complete all of their work including collecting evidence and liaising with medical experts. Furthermore, if you could benefit from private medical treatment or physiotherapy, your solicitor could arrange for the defendant to make an interim payment to cover the cost before your claim is finalised.
The easiest way to begin a personal injury claim against a shopping centre is to call our team on 0800 6524 881 today. A specially trained advisor will talk you through the claims process and assess your case for free.
Remember, if your claim is taken on by one of our personal injury solicitors, they’ll make your claim on a No Win No Fee basis – you won’t need to pay any fees unless you are compensated.
You’ve reached the end of this guide to shopping centre accident claims so if you have any more questions, please feel free to get in touch.