No Win, No FeeSupermarkets are often very busy places with customers and staff mixing for up to 24 hours a day. While most trips to the supermarket are uneventful, accidents in supermarkets do happen. As retailers have a duty of care to protect their staff and customers, you could claim compensation if you’ve been injured in a supermarket. In this article about supermarket accident claims, we’ll explain when a claim might be possible, the types of accidents you could claim for and what any compensation might cover.
Our specialist advisors offer a free consultation if you’re thinking about claiming compensation for an accident in a supermarket. They’ll review your case with you and offer free legal advice. If the claim has a fair chance of success, we’ll introduce you to one of our personal injury lawyers. You’ll be pleased to know, they’ll take on all of the financial risks if they agree to represent you by working on a No Win, No Fee basis. That means that you’ll only pay legal fees if you receive compensation from the supermarket.
To find out more about supermarket compensation claims, please read on. Alternatively, please call us on 0800 652 1345 to discuss your claim right away.
When Can You Claim Compensation After a Supermarket Accident?
Our personal injury solicitors could help you to claim damages for injuries sustained in many types of supermarket accidents. A few examples are:
- Slipping on a wet floor: Supermarket staff should clear up any spillages or leaks as soon as possible or cordon them off with warning cones. If they don’t and you slip and injure yourself, a claim might be possible.
- Items falling from shelves: If you’re struck by an item that’s fallen from a shelf because stock was stacked too high or the shelf was damaged, you could claim for your injuries.
- Supermarket car park accidents: The supermarket’s duty of care extends to all parts of its property. As such, if you trip on a raised kerbstone or fall over a missing drain cover and injure yourself, you may be eligible to seek damages.
- Collisions with stock cages: The need to keep shelves stocked in a supermarket means you’ll often see staff moving stock from the warehouse to the shop floor in rolling cages. If you’re struck by a stock cage in an accident in a warehouse, it can easily knock you off your feet and cause serious injuries.
- Home delivery trolley collisions: Similarly, supermarkets are often full of staff picking items for home deliveries. Their trolleys are quite big and bulky and can cause injury if they hit you or run over your foot.
- Tripping on stock: The aisles in a supermarket should be kept as clear as possible. If stock is left lying around, it can cause a trip hazard and cause an accident. You could therefore be entitled to compensation if you subsequently tripped and fell over in a cluttered supermarket.
These are just some examples of when customers or supermarket staff could be compensated for injuries sustained. If you believe you have the grounds to claim, speak to our team today.
Am I Entitled to Compensation for a Supermarket Accident?
Legally, supermarket customers are owed a duty of care by supermarket operators because of laws like the Occupiers Liability Act 1984. Similarly, supermarket staff are protected by the Health and Safety at Work Act 1974 (as well as other laws).
That means supermarket owners need to carry out regular risk assessments to try and make their premises as safe as possible. As such, you could be entitled to compensation for a supermarket accident if:
- The supermarket’s owners or staff breached their duty of care; and
- An accident occurred as a result; and
- You suffered an injury from that supermarket accident.
If all of the above is true, you could claim against the company’s liability insurance policy. Before you do, you’ll need to prove how the accident happened, the impact your injuries have had and why the supermarket was liable for the accident. We’ll look at the types of proof that could help with this a little later on.
What Types of Supermarket Injuries Can I Claim For?
An injury you’ve suffered in a supermarket could enable you to claim compensation if negligence can be proved. A few examples of injuries from accidents in supermarkets are:
- Cuts, bruises and lacerations.
- Soft tissue injuries i.e. sprains and strains.
- Head injuries.
If you suffered any type of injury in a supermarket accident, why not speak to our team to see if you could be entitled to compensation for your suffering?
What Evidence Do I Need for a Supermarket Accident Compensation Claim?
At the time of an accident in a supermarket, your first thoughts won’t be about preserving proof in case you decide to make a compensation claim. However, there are some steps you should consider as they could help you later on. They include:
- Seek medical treatment: This is probably the most important task. Rather than relying on first aid, you should have any injuries properly assessed at a hospital or GP surgery. Your medical records could be requested later on to help prove your diagnosis.
- Report the accident: It’s important to let supermarket staff know about the accident as soon as possible. They should log the incident in their accident report book and provide you with a copy of the form. This can make it easier to prove that the accident occurred.
- Take photographs: Before the accident scene is cleared, try to take photographs on your phone. Ideally, these will capture the root cause of the supermarket accident from various angles.
- Speak to witnesses. If any other customers or supermarket staff saw the accident take place, ask for their contact details. If necessary, your solicitor might contact them and ask for a statement later on.
- Request CCTV footage: Most supermarkets use security cameras to protect their stock and staff. If your accident was recorded, you’re entitled to request a copy of any relevant footage. Act quickly, though, as it’s usually deleted after around 28 days.
In addition to the above, you should write down what happened as soon as you can after the accident. This will make it easier to recall events leading up to your accident. Additionally, keep track of any expenses you’ve incurred by keeping hold of any receipts, wage slips or bank statements.
As part of our free review of your supermarket accident claim, we’ll consider any proof you’ve secured already.
Will I Need a Medical Assessment for My Supermarket Compensation Claim?
As part of many compensation claims, you may need a medical assessment to help determine the extent of your injuries. As such, your solicitor will usually arrange a local meeting with an independent specialist.
The appointment is nothing to worry about though. It simply involves the specialist examining your injuries and reviewing your medical records. They’ll also talk with you to find out how your injuries have affected you. Once they’ve finished, they’ll produce a report to explain your prognosis. Your solicitor will use this report to help determine how much compensation for a supermarket accident you might be entitled to.
What Is the Time Limit to Make a Supermarket Accident Claim?
The Limitation Act 1980 states that personal injury claims must be made within 3 years. Generally, this will start on the date of the accident. However, for RSI or similar injury claims for supermarket staff, the limitation period typically starts from the date the condition was diagnosed.
To make the claims process easier, we suggest that you begin sooner rather than later. This allows enough time for you and your solicitor to collect proof and book a medical assessment.
What If My Child or Vulnerable Adult Was Injured in a Supermarket?
If a child or vulnerable adult was injured in a supermarket, the time limit to make a claim is different. For children under 18, the 3-year limitation period doesn’t start until their 18th birthday, meaning they can file a supermarket accident claim up until they turn 21. However, a parent, guardian, or another suitable adult can act as a ‘litigation friend’ to lodge the claim on their behalf before they turn 18.
Where a vulnerable adult lacks the mental capacity to claim compensation, the time limit is paused indefinitely under the Mental Capacity Act 2005. If the injured party regains mental capacity, the 3-year limitation period will begin from that date.
How Much Compensation for a Supermarket Accident Can I Claim?
Any potential compensation payout for a supermarket accident claim will take into account all elements of the accident and its effects such as how the claimant has suffered physically and mentally (general damages) and any associated costs of the injury (special damages).
While no two settlements for a supermarket accident are likely to be the same, some elements that are usually considered are:
- Physical discomfort, pain and suffering.
- Psychiatric harm – distress, anxiety, depression etc.
- Loss of enjoyment of hobbies, family events and other usual activities.
- Medical expenses such as the cost of physiotherapy.
- Travel costs such as parking fees for hospital appointments.
- Care costs if you needed support whilst injured.
- Replacement property costs if clothing, jewellery or other items were damaged in the supermarket accident.
- Changes to your home to make access easier if you’ve been left disabled following the accident.
If you decide to work with one of our solicitors, they’ll review how you’ve suffered in detail. This is important as any supermarket compensation should cover any suffering you’ve already endured plus any that might occur in the future.
Can I Claim for Loss of Earnings Due to My Accident?
If your injuries stop you from working and earning, you could lose money if your employer doesn’t offer full sick pay. Similarly, you might miss out on overtime, bonuses or commission. As such, if these losses can be linked to your injuries, they could be factored into any compensation you receive.
Also, if your supermarket injuries are long-term, you could also receive compensation for future loss of earnings. This would be based on your age, job prospects and current earning level.
Will I Need a Solicitor to Claim Supermarket Accident Compensation?
You’re not required to use a solicitor to pursue a supermarket accident compensation claim, but having one could improve your chances of a successful outcome. Also, our personal injury solicitors realise that many claimants in supermarket accident claims don’t want to risk money on legal fees. As such, they provide access to justice on a No Win, No Fee basis for any claims they take on. As a result, you only have to pay for your solicitor’s work if you win a compensation payout.
A formal contract called a Conditional Fee Agreement (CFA) is used to allow your solicitor to begin working on your claim right away. Once signed, their main priorities will be to:
- Liaise with you to fully understand how you’ve suffered.
- Collect supporting proof and medical reports.
- Let the supermarket know about the claim.
- Communicate on your behalf and handle all queries raised by the supermarket’s insurers.
- Discuss any settlement offer with you.
- Aim to secure the maximum amount of compensation possible for you.
If the claim does not work out, you won’t have to pay for any of your solicitor’s work. If there is a positive outcome, your solicitor will deduct a success fee from your settlement to cover the cost of their work. Success fees are explained here.
Supermarket Accident Claims Frequently Asked Questions
Can I Claim Compensation as an Injured Supermarket Worker?
If you’ve been injured whilst working in a supermarket, you could be entitled to seek damages for your suffering. For instance, you could claim for injuries while working at a supermarket because of:
- A lack of regular risk assessments.
- Inadequate workplace training.
- Being told to lift or move heavy or awkward loads regularly.
- Damaged or insufficient Personal Protective Equipment (PPE).
- Tiredness caused by working too many hours or not being allowed proper rest breaks.
- Damaged, faulty or poorly maintained equipment.
- Chemical burns from exposure to dangerous substances due to improper storage or disposal.
This would apply to all supermarket and retail staff including checkout staff, warehouse staff, office staff, managers and cleaners.
What Happens If My Injury Was Caused by a Defective Product or Packaging?
If you’ve been injured by a defective product sold to you by a supermarket, you may have grounds to start a supermarket accident claim. In other cases, the claim might be made against the distributor or product manufacturer.
So long as you were using the product for its intended purpose, you could be entitled to compensation for any injuries sustained. It’s a good idea to retain any packaging or instructions and to take pictures of the defective product before seeking legal advice about your options.
Start a Supermarket Accident Compensation Claim Today
To find out if you could be compensated for a supermarket accident, call us on 0800 652 1345. During your no-obligation consultation, we’ll review the merits of your case with you and give legal advice about your options. If your claim is accepted, your solicitor will take on all of the financial risk by working on a No Win, No Fee basis. You’ll therefore only have to pay legal fees if there is a successful outcome to the case.
For more information about supermarket accident claims, please call or connect to our free live chat service.
