How To Claim Compensation For An Accident In A Shop?

It doesn’t matter where you are, 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, wet floors that are not signposted with a warning, obstructions and obstacles and numerous other hazards could cause you to come to harm, and so any injuries sustained aren’t necessarily the fault of the victim. In fact, sometimes the victim may be eligible to claim shop injury compensation.

The types of injuries that could occur after an accident in a shop are numerous but may include:

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

There are many other injuries that could occur but these are probably the most common and will be mainly due to slip, trip or fall accidents which are the most common accidents to take place in a shop. Although some people may believe that a so-called simple injury such as bruising may be quite trivial, they are often wrong as this could give rise to the development of other health concerns and have further impact on their life.

If you have been a victim of an accident that wasn’t your fault and have suffered an injury as a result, it is advisable to contact a personal injury claims firm to find out if you could be eligible to claim shopping accident compensation. Accident Claims UK is a reputable firm with many years of experience in making accidents in shops claims and could certainly help and advise you on whether you have a legitimate case, just call them on 0800 073 8801 for free advice. Firstly though, please read on through our guide to give you a better understanding of making a personal injury claim for having an accident in a shop.

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A guide to claiming compensation for an accident in a shop

Making a compensation claim for an accident in a shop that wasn’t your fault can feel like a minefield for people who haven’t got any experience with personal injury claims and so will obviously mean they will have many unanswered questions about how you go about making a claim and the whole process from start to finish. Some of their concerns may include:

  • 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?

These are just a few of the questions you may be wanting the answers to along with many more. This guide aims to help answer some of the main queries regarding making an accident in a shop compensation claim.

Regardless of whether you are an employee, a visitor to the store or a customer, if you have been injured due to the negligence of the shop, then 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

There are so many different types of shops that you could potentially have an accident in. The shops may range from large department stores, to small corner shops, but claiming for compensation if you have sustained an injury in a shop that wasn’t your fault, is equally possible regardless of the size or type of store providing it can be proven that the accident was due to the stores negligence.

Some examples of the 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 have a legal duty of care to have relevant and adequate health and safety policies and procedures in place to protect not only their own staff, but visitors and customers in the store also. Some shops such as the larger department stores, supermarkets and food shops may also have areas in their stores for food consumption such as a café, and also toilet facilities, and these will generate extra potential hazards compared to say a corner shop, and so their policies and procedures should reflect this by having extra plans in place for these individual areas. Also 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.

However, regardless of the type of shop, if you have had an accident in a shop for example you slipped on a wet floor and suffered an injury due to a breach in duty of care or negligence of the shop’s health and safety protocol, then whether you are an employee, visitor or customer, you may be entitled to make a compensation claim.

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 is a safe environment for anyone visiting or using the premises for any purpose that is permitted by the occupier.

In other words, if you were to have an accident in a shop that wasn’t your fault, the shop owner, store management or person who’s name is on the shop lease, depending on the individual circumstances, could be held responsible.

In shops and shopping centres, the individual shop management or shopping centre management have a legal duty of care to make sure that they provide a safe shopping and working environment. If someone was to have an accident and get injured, it is very possible that the shop or shopping centre management will be seen as being in breach of their duty of care due to negligence and so be found liable for damages.

Employee injury statistics

Looking at the graph below it is clear to see that injuries from slips, trips and falls to employees are the most commonly reported accident and often occur in shops with lifting/handling another common injury cause.

Employee injury statistics

Source – http://www.hse.gov.uk/statistics/causinj/index.htm

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, and in the majority of cases, the accidents were because of the negligence of the management or owners. However, not all cases are straightforward and after gathering the evidential facts that surround the accident causing a person to be injured in store, sometimes it is found that the shop owner or management are not actually liable.

Shop and shopping centre owners are legally responsible to provide 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, then 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, and therefore know what they are doing which will greatly 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, if you have been injured after having an accident in a shop, there are a number of 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 above, just do what you can, anything is better than nothing.

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 it’s quite possible that you will 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 were 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, and so care needs to be taken to make sure as much as possible is included whilst making the claim to attempt to ensure a maximum payout amount is awarded. Such things that can be include are:

  • General Damages – These are in relation to the injury itself and the pain and suffering you have endured as a result of your accident.
  • 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.

How to start your shop injury compensation claim

If you have been suffered an injury whilst in a shop that wasn’t your fault and are looking to make a shop injury compensation claim, you may feel overwhelmed and out of your depth due to the sheer complexity of the legal world 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. We may also offer you a free local medical if we feel this could be of any benefit in supporting your claim.

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 can be seen earlier on in the guide, there are many different factors that need to be taking into consideration when determining the compensation award amount. Each and every compensation claim is unique as the individual details will differ from one person to the next which will have an effect on the overall total sum awarded. 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. 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 Head Injury£174,620 - £322,060Claimant unresponsive, change in personality and in a vegetative state.
Moderate Head Injury£34,330 - £174,620Some permanent brain damage affecting claimant’s personality and increased risk of epilepsy developing.
Minor Head Injury£1,760 - £10,180Damage to the head that is temporary and full recovery expected over time.
Severe Neck Injury£44,630 - £118,240Severe soft tissue damage, cervical disks and possible fractures causing permanent loss of function and / or disability.
Moderate Neck Injury£10,960 - £19,920Soft tissue and disk damage, possible needing spinal fusion. Ongoing pain and limited movement.
Minor Neck Injury£1,950 - £6,920Pain and damage to neck but full recovery expected within up to two years.
Severe Back Injury£55,590 - £128,320Permanent damage to soft tissue, disks and vertebrae, spinal cord and nerve roots. Disability and chronic conditions.
Moderate Back Injury£22,130 - £30,910Similar to those above but less severe. Chronic pain and disability.
Minor Back Injury£1,950 - £9,970Slipped disks, tissue damage etc, but full recovery expected from 3 months to 5 years.
Shoulder Injury Minor - Severe£1,950 - £38,280Soft 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.
Minor to Severe Arm injury£76,650 - £239,40Simple fractures to the amputation of one or both arms.
Elbow Injury Minor to Severe£5000 - £43,710Some temporary damage and pain which a full recovery expected, up to permanent damage, loss of quality of life, and permanent disability.
Minor to Severe Wrist Injury£2,810 - £47,720Short term slight tissue damage, full recovery expected, to permanent loss of function.
Leg Injury Minor - Severe£7,270 - £108,370From simple breaks and fractures to amputation of one or both legs.
Knee Injury Minor - Severe£10,960 - £76,690Small sprains and strains on the knee joint, to loss of function of one or both knees.
Ankle Injuries Minor - Severe£10,960 - £55,560As above, small sprains and strains, to loss of function of one or both ankles.

As already mentioned, these are just average amounts paid out in the past. Obviously 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

Our No Win No Fee policy was designed so that anyone can make a claim for the compensation that they may be entitled to regardless of their current financial situation.

What No Win No Fee means is that if in the unlikely event we do not win your case for you, we will not charge you any legal fees at all. If however, we win, 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, then look no further than Accident Claims UK.

Accident Claims UK have been specialising in the personal injury claims industry for many years now and have a fantastic track record for making successful shop injury compensation claims, often securing the maximum possible award amount for their clients. Their dedicated solicitors have years of experience and expertise in the field and strive to do the best for their clients. They are honest, reliable and work hard behind the scenes on gathering evidence to best support your claim. They work quickly and efficiently and are empathic to your situation and so will keep you regularly updated being careful not to cause you any necessary stress.

With our amazing, hard-working team of highly experienced and specialist personal injury claims solicitors, you can be assured that you will be in good hands and that we will do our upmost 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 call us at Accident Claims UK on Freephone 0800 073 8801. A member of our team will answer your call and do their best to answer any queries you may have and help and advise you in any way that they can in regards to making a compensation claim for your injury.

Useful Links

Occupiers’ Liability Act 1957

This links 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 looking at various compensation claims for accidents in shops.