We are often contacted by people asking whether they can pursue a compensation claim after being injured in a shop. These incidents occur for many reasons, but it’s usually as a result of a slip, trip or fall.
Shop owners have a legal duty to ensure their premises are safe for customers, but unfortunately, this isn’t always the case. Wet floors, cluttered aisles and poor maintenance can all lead to serious injury. Every year, countless individuals find themselves navigating the aftermath of such accidents. Often facing lost wages as well as the physical and emotional toll of recovery.
Here’s our guide to understanding your rights, the process of making a claim, and how to secure the compensation you deserve following a slip, trip, or fall in a shop.
Am I Eligible to Make a Claim if Injured in a Shop?
It’s not enough to simply be injured while shopping. To make a claim the accident needs to be someone else’s fault and your injury needs to be severe enough. That’s where legal advice comes in handy. A solicitor can help you understand if your experience meets these criteria. They’ll look at the specifics of your case and guide you on what evidence you’ll need to gather.
Eligibility Criteria
- Injury severity: The person making the claim must have been injured severely enough to warrant a claim.
- Negligence: There must be evidence that the shop owner or staff was negligent in their duty to maintain a safe environment.
- Causation: The injury must have been directly caused by the accident in the shop.
- Time Limits: Claims must be made within a specific time frame from the date of the accident, typically three years in the UK.
Accidents in shops can also cause the flare up of an old injury. It’s worth noting that you can claim for the worsening of a pre-existing injury as well as any new ones.
Claiming for Injured Children and Other Relatives
If the injury happened to your child you can pursue a claim on their behalf, as a ‘litigation friend’. This could also apply to an elderly parent or vulnerable person that is unable to cope with such matters alone.
The only difference from children’s claims to those of adults is the amount of time available to make a claim. Adults usually have 3 years from the date of the accident, after which you can’t start a claim. However, if under the age of 18, the claimant has until their 21st birthday to do so.
How Much Compensation Can I Claim?
How much compensation you can claim after being injured in a shop is calculated from the severity of the injury, your financial losses and the impact on your quality of life. For example, a wrist injury that has resulted in permanent pain and stiffness could amount to between £10,000 and £20,000. That’s just for the injury itself, not including ‘special damages‘. These relate to incurred expenses and other effects on the injured person’s life, such as lost income.`
Compensation amounts for common fall injuries
There are guidelines issued by the courts for solicitors, but it’s impossible to say exactly how much you can expect as all cases vary. Some example values are listed in the table below for common fall injury claims:
| Type of injury | Compensation amount |
|---|---|
| Neck injury | £2,000 – £140,000 |
| Minor brain or head injury | £2,070 – £11,980 |
| Finger injury | £4,000 – £85,000 |
| Wrist injury | £3,310 – £44,690 |
| Hip or pelvis injury | £3,710 – £24,950 |
| Fractured forearm | £6,190 – £18,020 |
| Permanent back injury | £11,730 – £26,050 |
| Serious shoulder injury | £11,980 – £18,020 |
| Ankle injury | £12,900 – £46,980 |
When pursuing a compensation claim for a slip, trip, or fall in a shop, it’s important to understand what types of damages and costs the compensation can cover. Compensation encompasses a range of financial impacts that the injury has had on your life. Here’s what you can typically expect compensation to cover:
Medical Expenses
- Rehabilitation: Expenses for physical therapy, chiropractic treatments, or any other ongoing rehabilitation needs.
- Future Medical Care: Projected costs for long-term care, including surgeries or treatments that may be required in the future.
Lost Wages and Earning Capacity
- Current Lost Income: Compensation for the wages lost due to time off work for recovery.
- Future Earnings: If the injury affects your ability to work in the future, compensation may include the loss of future earning capacity.
Pain and Suffering
- Physical Pain: Compensation for the physical pain and discomfort endured as a result of the injuries.
- Emotional Distress: Acknowledgment of the psychological impact, such as anxiety, depression, or PTSD, stemming from the accident and injuries.
Quality of Life
- Loss of Enjoyment: Compensation for the inability to engage in hobbies or activities that were part of your life before the accident.
- Loss of Consortium: If applicable, compensation for the impact on the relationship with your spouse or partner.
Additional Costs
- Home or Vehicle Modifications: If your injuries require modifications to your home or vehicle, such as wheelchair ramps or special equipment, compensation can cover these expenses.
- Caregiver Expenses: If you need assistance with daily living activities, compensation can include the cost of hiring a caregiver.
It’s important to work with a solicitor who can help you accurately calculate and claim the full extent of compensation you’re entitled to. They will take into account not only your current financial losses but also the potential future impacts of your injury. This comprehensive approach ensures that you receive fair compensation that reflects the true cost of your accident.
Causes of Slip, Trip, and Fall Accidents in Shops
Slip, trip, and fall accidents in retail environments can stem from various hazards. Recognising these common causes can help you understand the circumstances of your accident and the potential liability of the shop owner.
- Wet or Slippery Floors: Often caused by spills, leaks, or cleaning without proper signage, these conditions are a leading cause of slips in shops.
- Uneven Surfaces: Cracked tiles, loose floorboards, or uneven carpeting can easily trip up unsuspecting customers, leading to falls.
- Cluttered Aisles: Cardboard, bags or rubbish on the floor can create tripping hazards. Proper organisation and clear aisles are essential for customer safety.
- Inadequate Lighting: Poorly lit areas can obscure potential hazards, making it difficult for customers to navigate safely.
- Lack of Warning Signs: Failure to alert customers to potential dangers, such as wet floors or construction areas, can increase the risk of accidents.
- Negligent Maintenance: Ignoring necessary repairs or maintenance, such as fixing broken steps and railings or addressing leaks, can lead to hazardous conditions.
- Lack of Employee Training: Employees should be trained to address spills promptly, keep aisles clear, and ensure the overall safety of the shopping environment.
There are of course other risks of accidental injury that shoppers may face, such as badly stacked displays falling onto people, or shelving units with sharp edges causing lacerations.
We have also assisted with a number of claims against stores where either shoppers or staff members have been injured while moving large items of stock.
Most shopping accident claims arise after a slip on a wet floor. In any shopping environment, the risk of slipping on a wet floor is present and shops should be prepared to do all that they can to minimise the chance of one of their customers slipping and sustaining an injury.
Shops must ensure that any rain water or other spillages are cleaned up as soon as possible. During wet weather, shop entrances should have a mat to enable people to wipe excess rain water from their feet.
Where there’s a risk of injury due to slipping on ice at the entrance to a shop the management has a responsibility to clear the ice in a reasonable time, warn customers of a possible danger and ensure that the area is treated to prevent ice developing.
If there is a spillage, water or other slipping risk present a wet floor sign should be erected to warn of the hazard. These should always be displayed when floors are being cleaned.
If the shop has failed to display a hazard sign warning the floor is wet, you are likely to have a strong claim if you’re injured after slipping over on it. However, even if a wet floor sign was present, you could still be able to claim if it can be demonstrated that the sign was inadequately displayed – hidden or obscured from view, or located in the wrong place.
The Types of Injuries You Can Claim For
Claims can be made for the following types of injury, depending on severity:
- Minor Injuries: These may include bruises, cuts, and sprains. While considered minor, they can still result in pain, discomfort, and temporary limitations on daily activities.
- Moderate Injuries: Such injuries often encompass more severe sprains, broken bones, and dislocations. These injuries can lead to significant pain, require extensive medical treatment, and may necessitate time off work for recovery.
- Severe Injuries: The most serious injuries from slip, trip, and fall accidents can include head injuries, spinal injuries, and fractures. These injuries can have life-altering consequences, including long-term disability, chronic pain, and substantial financial burdens due to medical expenses and lost income.
- Psychological Impact: Beyond physical injuries, victims may also claim for psychological effects such as anxiety, depression, and post-traumatic stress disorder (PTSD), especially if the injury significantly impacts their quality of life.
Proving Fault – Shop Owner’s Responsibility
The legal framework surrounding slip, trip, and fall accidents in shops is grounded in the concept of negligence. Shop owners and operators have a duty of care to ensure their premises are safe for customers. Failure to meet these obligations can lead to liability in the event of an accident.
- Legal Duty of Care: Shop owners are legally obligated to maintain a safe environment for customers. This includes regular inspections, prompt clean-up of spills, adequate lighting, and clear walkways.
- Risk Assessment: Regular risk assessments should be conducted to identify potential hazards and implement measures to mitigate these risks.
- Employee Training: Staff should be adequately trained in safety protocols, including how to prevent slips, trips, and falls and how to respond when they occur.
- Breach of Duty: If a shop owner fails to uphold their duty of care and this failure results in an accident, they can be considered negligent. Victims must prove that the negligence directly caused their injuries to claim compensation.
- Contributory Negligence: In some cases, the victim’s actions may also contribute to the accident. However, this does not necessarily bar them from claiming compensation. The concept of contributory negligence may reduce the compensation amount but does not eliminate the shop owner’s liability.
Understanding the shop owner’s responsibilities and the legal principles of negligence is crucial for victims considering a compensation claim. It provides a foundation for establishing liability and pursuing rightful compensation for injuries sustained in a shop.
Making a Claim Under a No Win No Fee Agreement
A no win no fee agreement, also known as a Conditional Fee Agreement (CFA), is a contract between you and your solicitor. It can make pursuing a compensation claim more accessible and less risky for the claimant.
- Definition: A no win no fee agreement means that the solicitor will not charge any fees if the claim is unsuccessful. If the claim is successful, the solicitor’s fees are typically recovered from the other side, or a success fee is deducted from the compensation awarded.
- Assessment: Before entering into a no win no fee agreement, a solicitor will assess the merits of your case to determine the likelihood of success.
- Transparency: Solicitors are required to explain the terms of the agreement clearly, including any potential costs that may be incurred if the claim is successful.
- Risk Reduction: The financial risk to the claimant is minimised, as there are no upfront costs or charges if the claim does not succeed.
- Access to Justice: This arrangement makes legal representation more accessible to individuals who may not have the means to pay solicitor fees upfront.
- Incentive for Solicitors: Solicitors are incentivised to win the case, as their payment depends on the success of the claim.
- Success Fee: If the claim is successful, the solicitor may take a success fee from the compensation awarded. This fee is legally capped and must be agreed upon beforehand.
- Recovery of Costs: In many cases, the losing party will be required to pay most of the claimant’s legal costs, which can include the solicitor’s fees.
- No Legal Fees: If the claim is not successful, you will not be liable to pay your solicitor’s fees.
- Insurance: It’s often recommended to take out an ‘After the Event’ (ATE) insurance policy to cover any potential costs or disbursements that cannot be recovered from the other side.
Making a claim under a no win no fee agreement can provide peace of mind and financial security as you seek compensation for your injuries. It’s a viable option that ensures you have access to legal expertise without the immediate financial burden.
Navigating the no win no fee claim process for a slip, trip, or fall in a shop can be complex, but understanding the steps involved is essential for a successful compensation claim.
Process Overview
- Initial Consultation: Seek a consultation with a personal injury solicitor experienced in slip, trip, and fall cases.
- Evidence Gathering: Compile all evidence related to the accident, including photographs, medical reports, and witness statements.
- Claim Notification: Your solicitor will notify the shop owner of your intention to claim compensation.
- Case Building: Your solicitor will build a case by establishing negligence and the link between the accident and your injuries.
- Negotiation: Most claims are settled out of court, where your solicitor will negotiate with the shop owner’s insurance company for a fair compensation amount.
- Court Proceedings: If a settlement cannot be reached, the case may go to court, where a judge will decide the outcome.
To strengthen your claim and increase the chances of a successful outcome, consider the following tips:
Evidence Collection
- Photographic Evidence: Take clear photos of the accident scene and your injuries.
- Witness Statements: Obtain contact details of any witnesses and their accounts of the incident.
- Accident Book Entry: Ensure the accident is recorded in the shop’s accident book.
- Medical Records: Keep all medical documentation related to the injuries sustained from the fall.
Dealing with Solicitors
- Choose the Right Solicitor: Select a solicitor with experience in slip, trip, and fall claims.
- Clear Communication: Provide your solicitor with all the details of the accident and your injuries.
- Understand the Costs: Discuss the solicitor’s fees and the possibility of a no win no fee agreement.
Maximising Compensation
- Comprehensive Documentation: The more evidence you have, the stronger your claim will be.
- Expert Testimony: Consider obtaining expert medical opinions to support your claim.
- Accurate Claim Valuation: Ensure all financial losses, including future losses, are accounted for in the claim.
By following these tips and working closely with a qualified solicitor, you can navigate the claims process more effectively and improve your chances of receiving the compensation you deserve for your injuries.
Case Studies
These real-life examples of successful slip, trip, and fall claims in shops can provide valuable insights and encouragement if you’re considering making a claim. Here we highlight key strategies and factors that contributed to the claimants’ success.
Successful Claims
- Case Study 1: A customer slipped on an unmarked wet floor in a supermarket, sustaining a fractured wrist. The claimant’s solicitor was able to prove the supermarket’s negligence by demonstrating a lack of warning signs and failure to adhere to their own safety protocols. The claimant received compensation for medical expenses, lost earnings, and pain and suffering.
- Case Study 2: A shopper tripped over a poorly placed display stand, resulting in a severe ankle injury. Evidence collection, including witness statements and photos of the hazard, played a crucial role. The store admitted liability, and the claimant was compensated for rehabilitation costs and loss of quality of life.
- Case Study 3: A person fell down stairs in a shop due to a broken handrail, leading to a back injury. The solicitor highlighted the shop’s long-standing neglect of maintenance issues. The claimant received compensation for long-term medical treatment and adjustments needed at home.
Lessons Learned
- Evidence is Key: Immediate collection of evidence, such as photos and witness details, is crucial.
- Report the Incident: Ensuring the accident is officially reported to the shop can support your claim.
- Seek Medical Attention: Prompt medical treatment not only aids recovery but also provides an official record of the injuries.
- Legal Expertise Matters: Engaging a solicitor with specific experience in slip, trip, and fall claims can significantly impact the outcome.
Frequently Asked Questions
- Seek medical attention for your injuries.
- Report the accident to the shop management and ensure it’s recorded.
- Collect evidence, including photos of the hazard and contact information for witnesses.
- Contact a personal injury solicitor for advice.
The time limit for making a claim typically ranges from two to three years from the date of the accident, but this can vary depending on your location. It’s important to seek legal advice as soon as possible to ensure your claim is filed within the statutory time frame.
Yes, you can still make a claim even if you were partly at fault for the accident. However, the compensation amount may be reduced based on your degree of fault. This is known as contributory negligence.
Let Us Help You to Make Your Claim
Making a successful claim can be challenging, but it’s important to remember that you don’t have to face it alone. With the right guidance and support, you can increase your chances of a favourable outcome.
If you or a loved one has suffered an injury due to a slip, trip, or fall in a shop, it’s essential to seek professional advice. Our team of experienced personal injury solicitors specialises in helping victims like you navigate the complexities of compensation claims. We understand the physical, emotional, and financial toll these accidents can take, and we’re here to support you every step of the way.
By choosing our services, you’ll benefit from:
- A free consultation to discuss your case and understand your legal options.
- Expert guidance on gathering the necessary evidence and building a strong case.
- A no win no fee agreement, ensuring you don’t face any financial risk when pursuing your claim.
- Compassionate and personalised support tailored to your unique circumstances.
Let us help you to focus on what truly matters – your recovery and well-being.
You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.
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