We often get asked about whether it is possible to bring a claim for compensation following an accident in a supermarket. It may be possible and would be brought as an Occupier’s Liability claim.
Occupiers’ Liability Claims
There are two Occupiers’ Liability Acts; the one relevant to this discussion is the Occupiers’ Liability Act 1957. It is this act which offers protection to the ‘lawful visitors’ of premises rather than trespassers with which the other act deals. The act states that the occupier owes a ‘common duty of care’ to all his visitors. The common duty of care is to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises.
Contrary to how the name sounds, an occupier need not actually occupy the premises as such; an occupier is simply the person(s) who has overall physical control over the premises. Therefore, if you have an accident in a supermarket and you have a claim for compensation, this claim is brought against the supermarket itself.
Supermarket Accident Compensation Claims
There are many possible hazards in supermarkets; these can include slipping on a spillage, tripping over an item left in an aisle or items falling on you from a poorly stacked shelf.
Supermarkets can try to defend claims by saying they have an adequate system of inspection and cleaning in place. However, in many cases the actual systems can be found to be lacking and/or they are not following the procedures properly. It is in these scenarios that a claim can be likely to succeed.
It can assist your case if you report the accident to a member of staff at the supermarket and ensure the correct accident circumstances and injuries sustained are logged in an accident book. It can also be helpful to obtain the contact details of any witnesses to your accident. Furthermore, it is advisable to visit a medical professional, as they can not only assist with your injuries but also place a note in your medical records of what has happened to you.
Lastly if you feel that you may have a claim that you wish to pursue, it is recommended that you obtain legal advice as soon as possible. This is because there are time limits for bringing a claim, as well as key evidence such as CCTV which may be destroyed after a certain amount of time.
How Nelsons Can Help
At Nelsons, we have a great deal of experience in handling claims against supermarkets. We also offer no win no fee services leaving our clients with 100% of the compensation recovered.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.