How To Claim Compensation For An Accident In A Shop? – December Update

By James Vincent. Last Updated, 17th December 2020. Whether you are at work, in a shopping arcade, or any other public space, there is always a chance that you could be involved in an accident in a shop.

Accident in a shop

Accident in a shop

You could be working in a shop, or a visitor to a shop but hazards such as uneven flooring or wet floors that are not signposted well, these hazards have the potential to cause you harm. Should you find yourself in a situation where you are injured due to a third party’s negligent actions, you may consider taking legal action? After all, the types of injuries that could occur after an accident in a shop may include:

  • Minor to severe bruising
  • Fractured or broken bones
  • Back, neck or spinal cord injuries,
  • Cuts and grazes
  • Head injury

The examples provided above are some of the many injures that could occur if you are involved in an accident in a shop. However,  the most common accidents that take place in a shop include slip, trip or fall accidents. Many individuals will brush off the impact of a slip, trip or fall, thinking it will merely cause trivial damage. However, slips, trips, and falls can contribute to much larger accidents that could give rise to the development of other health concerns and further impact their lives.

Accident Claims UK is a reputable firm with many years of experience in making accidents in shops claims. With the support of our solicitors, we could help you seek the compensation you deserve. Please read on through our guide to learn more about the claims process and how a personal injury claim could be of assistance.

If at any point you would like to speak with an adviser (and to access free legal advice), why not give our team a call on 0800 073 8801.

We look forward to speaking with you.

Select a Section

A guide to claiming compensation for an accident in a shop

Making a compensation claim for an accident in a shop may feel incredibly intimidating. After all, whenever you visit your favourite stores, one of the last things you expect is to be injured, especially by a negligent third party.

Although there are health and safety laws and regulations set in place to promote good practice, there are unfortunate events that can lead to an accident in a shop. In return, you could be rendered physically and psychologically ill, and you may also suffer financially. If you have limited legal knowledgeable, naturally, you may have a lot of questions, such as:

  • I got hurt in a shop, what are my legal options?
  • What should I do if I am injured in a supermarket or shop accident?
  • Who will be liable to pay for the damages?
  • Who will cover the cost of incurred medical expenses?
  • Will I be repaid the money I’ve lost due to lost income?
  • I’ve suffered an injury in a shop, how much compensation will I receive?

By the time you have read this guide, you will answer the question listed above, plus many others.

Regardless of whether you are an employee, a visitor to the store or a customer, if you have been injured due to the shop’s negligence, you may be entitled to make a claim. Use this guide to gather information and feel free to contact us at Accident Claims UK for further guidance.

Different types of shops accidents and injuries can happen in

From large department stores to small corner shops, there are no limits when it comes to making a claim for an accident in a shop. All you need in order to pursue a compensation claim against a store is evidence that their negligent actions caused your accident.

All stores, regardless of size, have a duty to adhere to health and safety code, ensuring that their retail space meets the required standards.  Here are some more types of shops you could have an accident in are:

  • Discount store
  • Furniture Shop
  • DIY store
  • Supermarket
  • Department stores
  • Garden Centre
  • Toy shop
  • Gift shop
  • Seaside shop
  • Pet shop
  • Shoe shop
  • Corner shop
  • Clothes shop
  • Food shop
  • Newsagents

All of the shops listed above have a legal duty of care to have relevant and adequate health and safety policies and procedures in place to protect not only their staff, but also any customers in the store.

Some shops, such as the larger department stores, supermarkets, and food stores, may also have areas in their stores for food consumption such as a café, and toilet facilities. In doing so, these will generate extra potential hazards compared to say a corner shop. So their policies and procedures should reflect this by having different plans in place for these specific areas. Likewise, with garden centres and DIY stores, some of the health and safety policies and procedures will differ to those in a clothes shop, for example.

Regardless of the type of shop in question, if you have had an accident caused by negligence, you could have grounds to make a claim. Within the sections that follow, we will look in-depth at claims of this nature in greater length.

Who is liable for the safety of customers and staff in a shop?

According to the Occupiers Liability Act 1957, the occupier of a premises has a legal responsibility to ensure that their premises are as safe as possible. This duty applies to organisations, businesses, and the city council. So what does this mean if you are injured in a stored?

Essentially, if you were to have an accident in a shop that wasn’t your fault, the shop owner, store management, or the person who’s name is on the shop lease, depending on the circumstances, could be held responsible. After all, they must carry out and enforce safety measures.

For example, in shops and shopping centres, the individual shop management or shopping centre management has a legal duty of care to ensure they provide a safe environment for staff and their customers. However, if someone was to have an accident and get injured due to negligence, it is possible that the individual could have grounds to make a claim.

Employee injury statistics

Between 2019 and 2020, it was reported by the Health and Safety Executive (HSE) that 693,000 workers sustained non-fatal injuries – according to self-reports from the Labour Force Survey.

The HSE also highlighted the percentage of accident types:

  • Slips, trip and falls account for 29%.
  • Handling, lifting or carrying accounted for 19%
  • Struck by a moving object accounted for 11%
  • Falls from heights accounted for 8%

Are shops always liable for my accident and injury?

As a personal injury claims firm, we have successfully dealt with many shops, shopping centres and supermarket accident compensation claims. In the majority of cases, the accidents were because of the negligence of the management or owners. However, not all cases are straightforward. After gathering the evidential facts surrounding the accident causing a person to be injured in a store, it is sometimes found that the shop owner or management are not actually liable.

Shop and shopping centre owners are legally responsible for providing a safe environment for both their employees and their customers or any other visitors on their premises. However, they are only responsible up to a certain extent. For example, if an accident has occurred due to faulty maintenance by an outside independent contractor, then providing the shop had verified the contractor to be suitable for the maintenance job carried out. The contractor may be held liable for any damages rather than the shop.

Providing the shop has done everything in their power to make sure their shop is safe, such as having regular maintenance checks, up-to-date and adequate health and safety policies in place with the correct training given to staff to adhere to them, warnings signs present when needed, and areas kept free of clutter, and so on, then it is possible that the shop owner could not be found to be liable for an accident in their shop as they have not been negligent in their common duty of care.

Claiming for an accident in a shop can become complicated when it is not obvious who should accept liability. In order to make a successful compensation claim, liability needs to be proven. Using a personal injury claims firm such as Accident Claims UK may be crucial in winning your case as they have the legal knowledge, experience and expertise in shop injury compensation claims. Therefore, our solicitors know what they are doing, which will significantly increase your chances of getting the compensation award you deserve.

What steps should you take if you had an accident in a shop?

You may be wondering ‘what should you do if you have been injured in a store in the UK?’ Well, suppose you have been injured after having an accident in a shop. In that case, there are several things that you should try and do as a way of gathering evidence that may be useful in making a successful compensation claim against the shop if you believe them to be liable. If possible, try to do all or at least some of the following:

  • Make sure to see a medical professional so that your injury is seen to and you receive the correct treatment required.
  • Take photos of your injury. This gives visual proof of your pain and suffering.
  • Take photographs of the area where the accident took place.
  • Make sure your accident is recorded in the shop’s accident book. Reporting an accident in a shop is evidence that your accident has been acknowledged by the shop owner and documented. Make sure you ask for a copy.
  • If there were any witnesses to your accident, take down their contact details so that we may obtain a witness statement later on as these can be very beneficial in proving your claim.
  • If there is any CCTV in the area of where you had your accident, ask for a copy of the footage.
  • Keep a copy of any medical expenses you have incurred as a direct result of your accident, and these can be included in your claim.
  • Keep a record of any extra travel expenses too.

The more evidence you can obtain, the stronger your case will be. However, don’t panic if you cannot do some of the steps outlined above. Just do what you can,  and speak to our team if you have any concerns.

Can I claim for an injury in a public place?

According to the legislation in the Occupiers Liability Act 1957, certain standards of health and safety policies and procedures should be met by the shop owner as a legal requirement. If these standards are not met, and you suffer an accident as a result, then you may be owed compensation. Whether you are an employee injured at work, a customer or just visiting the shop such as a trade’s person and you are injured due to an accident that was not your fault, but because of the negligence of the shop owner in not following the appropriate health and safety procedures, then they should be held accountable for their negligence.

In order to make claiming compensation for an injury that has occurred while in a public place a success, like a shop, for example, it should be evident that the shop owner was in breach of their common duty of care and was not following the health and safety legislation as is expected., and therefore proven that they are liable.

For more help and advice regarding making a compensation claim, feel free to call and speak to one of our shop injury claims lawyers.

What can I claim for after a shop injury?

When making a personal claims injury, it is not just the injury itself that can be claimed for, but the whole impact the injury has had on different areas of the claimant’s life. Within this section, we will explore what damages could be claimed for if you have suffered after an accident in a shop that wasn’t your fault.

General Damages

When pursuing a compensation claim against a negligent party, General damages could be awarded to those who endure any degree of physical or psychological trauma. In order for these damages to be taken into consideration, you will be required to attend a medical assessment.

Upon attending the assessment, an impartial medical professional will ask you a range of questions in relation to your injury and performant an examination. In doing so, they will be able to determine what impact it has had on you, it’s severity, and whether there are any longterm implications.

The information collected will be formally documented in a report, which will later be used to value and support your claim.

Special Damages

  • Medical Expenses – Any expenses such as hospital, prescription or counselling fees incurred as a direct result of your injury should be included in your claim. Keep record of all of the receipts as evidence of money spent.
  • Care Claim – Anyone, such as a relative or friend that has had to take time out of their own life to care for you following your accident can also make a claim for compensation.
  • Loss of Income – Any earnings or potential future earnings that you have lost because of your injury should be included in your claim.
  • Travel Expenses – Keep a record of any extra travel expenses you have had to pay for that has to do with your injury should also be included. This will include any necessary vehicle adaptions you have had to have made.

For financial loss to be factored into your claim, you will be required to provide evidence. Naturally, you might be questioning “what can I provide to show I have suffered a loss?”. Thankfully, you can supply bank statements, receipts and credit scores to support your case.

To discuss your potential case further, why not speak to one of our advisers?

How to start your shop injury compensation claim

If you have been suffered an injury whilst in a shop that wasn’t your fault, you may be looking to make a shop injury compensation claim. If so, then you may feel overwhelmed due to the sheer complexity of the legal world, especially if you haven’t any previous personal injury claims experience.

That’s where having a legal firm that is experienced in making compensation claims look at your case for you, can feel like a weight has been lifted and the fog has cleared. Accident Claims UK is a reputable personal injury claims specialist firm with years of experience. When you call us, we will arrange a free consultancy session where we can discuss all of the necessary details surrounding your case with you, and you will also have the opportunity to ask as many questions as you need to in regards to making a claim.

We are honest, and once we have all the facts, we will inform you if we believe you have a legitimate reason for claiming compensation, and if you have, with your permission, we will get the ball rolling in making your compensation claim on your behalf.

The solicitors at Accident Claims UK work with a No Win No Fee policy, and so it doesn’t matter what your financial situation is as we do not expect payment of legal fees until your claim award is released. Our No Win No Fee policy is explained further down in the guide.

Accident in a shop compensation calculator

As we briefly touched upon in an earlier section, there are many different factors that need to be taking into consideration when determining the compensation award amount. Each and every compensation claim is incredibly unique, so the amount will naturally differ from one person to the next. Therefore, it is challenging to provide a which will have an effect on the overall total sum awarded.

it is, for this reason, we cannot give our clients an exact figure they could expect to receive. We can only give an estimate of what may be possible. In the table below is a list of the average payout amounts received for particular injuries provided by the Judicial College Guidelines. The table emphasises how the injury type, it’s severity, and long-lasting impacts can play a critical role. You may have a different injury to those listed, but that’s okay, just give us a call and we will do our best to help.

Reason for CompensationAverage Amount AwardedComments
Severe Brain Damage£264,650 to £379,100Claimant unresponsive, change in personality and in a vegetative state.
Moderate Brain Damage£140,870 to £205,580Some permanent brain damage affecting claimant’s personality and increased risk of epilepsy developing.
Less Severe Brain Damage£14,380 to £40,410Damage to the head that is temporary and full recovery expected over time.
Severe Neck InjuryIn the region of £139,210Severe soft tissue damage, cervical disks and possible fractures causing permanent loss of function and / or disability.
Moderate Neck Injury£23,460 to £36,120Soft tissue and disk damage, possible needing spinal fusion. Ongoing pain and limited movement.
Minor Neck Injury£4,080 to £7,410Pain and damage to neck but full recovery expected within up to two years.
Severe Back Injury£85,470 to £151,070Permanent damage to soft tissue, disks and vertebrae, spinal cord and nerve roots. Disability and chronic conditions.
Moderate Back Injury£26,050 to £36,390Similar to those above but less severe. Chronic pain and disability.
Minor Back Injury£2,300 to £7,410Slipped disks, tissue damage etc, but full recovery expected from 3 months to 5 years.
Shoulder Injury Severe£18,020 to £45,070Soft tissue damage with pain but full recovery expected, to breaks or fractures and damage to the brachial plexus resulting in chronic pain and permanent disability.
Shoulder Injury Minor£7,410 to £11,980Frozen shoulder with limitation of movement and discomfort with symptoms persisting for about two years.
Leg Injury Severe (Loss of Both Legs)£225,960 to £264,650This is the appropriate award where both legs are lost above the knee or one leg has been lost above the knee at a high level and the other leg has been lost below the knee.
Leg Injury Minor £16,860 to £26,050Fractures from which an Incomplete Recovery is Made or Serious Soft Tissue Injuries
Knee Injury Severe£65,440 to £90,290A disruption of the joint, the development of osteoarthritis, gross ligamentous damage, lengthy treatment, considerable pain and loss of function, and an arthroplasty has taken place or is inevitable
Knee Injury Moderate£13,920 to £24,580Injuries involving dislocation, torn cartilage or meniscus which results in minor instability, wasting, weakness, or other mild future disability
Ankle Injuries Severe£29,380 to £46,980Total loss of ankle function or damage would be unfixable. The individual would endure life-altering implications.
Ankle Injuries ModestUp to £12,900Minor or undisplayed fractures, sprains, and ligamentous injuries.

As previously mentioned, these are just average amounts paid out in the past. With our experience and knowledge, and after discussing the facts of your case with you, we may be able to give you a more personalised estimation, but it will be just an estimate, just give us a call.

No Win No Fee claims for an accident in a shop

Finding affordable legal representation can e incredibly stressful, especially for those with limited legal knowledge. After all, you never expect to be involved in an accident in a shop, so naturally, you will not have the additional funds to cover the upfront fees when making a claim. It is for that exact reason why our solicitor’s operator on a No Win No Fee basis.

A No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA), was designed so that anyone can make a claim without the restrictions. After all, everyone should be able to make a claim if they have been affected by the negligence of a third party. Agreements of this nature allow those affected by negligence to focus on what’s important and not worry about covering upfront fees.

So what are there benefits of No Win No Fee agreements? Should a solicitor agree to handle your claim under an arrangement of this nature, you would have access to the following benefits:

  • No upfront costs to pay.
  • In the unlikely event, we do not win your case, you would not be required to cover your solicitor’s legal expenses.
  • There are no hidden fees or costs to cover while the claim is on-going.
  • Should the claim be successful, we simply take a small percentage out of your compensation award amount. 

So basically this means that our clients do not have to pay any upfront costs or any other legal costs during the whole claiming process, therefore not having any negative impact on their finances. No Win No Fee makes it accessible to everyone that has suffered an injury in a shop due to an accident that wasn’t their fault, a chance to get the compensation they deserve.

Why make your claim with Accident Claims UK?

If you are looking for an experienced, reliable, caring and highly efficient shop injury claims lawyer, look no further than Accident Claims UK.  Accident Claims UK has been specialising in the personal injury claims industry for many years and has a fantastic track record for making successful shop injury compensation claims.

Our dedicated solicitors have years of knowledge and expertise in the field and will sure their clients receive the compensation and justice they deserve. With our outstanding, hard-working team of highly experienced personal injury claims solicitors, you can be assured that you will be in good hands and that we will do our utmost to secure you the maximum amount of compensation that you deserve.

Talk to us today

If you have had an accident in a shop that wasn’t your fault and have sustained an injury as a result, then don’t hesitate to contact our team today. One of our advisers would be more than happy to speak with you.

You can contact our team by using one of the following methods:

  • Call us at Accident Claims UK on 0800 073 8801.
  • Enquire online by clicking here.
  • Or, use the live chat feature by clicking the icon on the right corner of the page.

A member of our team will address any questions you have, offer free legal advice, and if they feel you have a valid case, they can connect you to the best solicitors possible.

Useful Links

Slip, Trip and Fall Guide

Please take a look at our guide to learn more about slip, trip and fall cases.

Gym Accident Claim

Suffered an accident in a gym that wasn’t your fault? Please read our guide to learn more.

Restauant Acciden Guide

Have you been involved in a restaurant accident that wasn’t your fault? Please take a look at our guide to learn more.

Occupiers’ Liability Act 1957

This link takes you to the Government website containing all of the legislation for the Occupiers Liability Act 1957.

HSE – Retail case studies

Case studies from the Health and Safety Executive for the retail industry look at various compensation claims for shops’ accidents.

Accident in a shop FAQ’s

Is my employer liable for my injuries?

By law, employers owe their staff a duty of care to keep them safe at their place of work. This obligation is outlined by the Health and Safety Executive (HSE). Should your employer neglect their duty, their carelessness could result in hazardous conditions going unacknowledged. In return, this could cause a workplace accident, making them liable for their negligence.

Do I need a local solicitor to handle my case?

Through the power of the internet, solicitors can offer to handle a claim regardless of location. This means they can keep in contact by speaking over the phone, emailing, or by meeting face to face. Therefore, you do not need a solicitor in your local area to handle your case.

Can I claim on behalf of my child?

Claims involving children under the age of 188 will require a litigation friend to act on their behalf. Should no claim be made, then the 3-year limitation period would come into action on the date of the child’s 18th birthday – meaning they could pursue their own claim. You can read more about the roles and duties of a litigation friend here.

Update: 18th of December, 2020.