A Guide To Claiming For An Accident In A Shop – How To Claim Compensation If Injured In A Shop?
By Stephen Moreau. Last Updated 6th February 2024. This guide is about claiming for an accident in a shop. There are many situations in which you could suffer an accident that is not your fault, and subsequently have the right to make a claim for compensation against the business or the person whose negligence caused the accident to happen. However, in order to hold a valid claim firstly, the person or organisation you hold responsible must have owed you a duty of care. Secondly, this duty must be in breach due to negligent actions or inactions. And thirdly, an injury or illness must have happened as a direct consequence of the negligence.
If you have an avoidable accident in a shop, which leads to a preventable injury you could be entitled to seek compensation. This page is a guide to such claims and how and when you could be entitled to make them. UK Law can put you in contact with our panel of solicitors to help you make such a claim.
Our team can provide you with free legal advice on making a compensation claim. In addition, they can answer any questions you might have about making a claim, and about whether or not the situation which lead to your accident could enable you to make a compensation claim.
If you want information about making a compensation claim, or if you would like more advice, then you can do any of the following:
- Putting a message and your contact details on this page.
- Placing a phone call to 020 3870 4868
Services And Information
- When Could You Make A Personal Injury Claim?
- How Could An Accident In A Shop Occur?
- How Are Compensation Payouts Calculated When Claiming For An Accident In A Shop?
- How Much Time Do You Have To Claim For An Accident In A Shop?
- Claiming For An Accident In A Shop With A No Win No Fee Solicitor
- Other Information
When Could You Make A Personal Injury Claim?
A retail business has duties of care, that is legal responsibilities for peoples safety and an obligation to ensure a reasonable standard is met. Business owners must ensure their retail space is safe for both shoppers and employees..That means that while you are on their premises as staff or as a member of the public that business is responsible for your safety. Therefore they could be held liable if you get injured by safety hazards on the premises.
The duty of care applied to employers for staff safety comes from the Health and Safety At Work etc Act 1974. This legislation outlines the fact that it is the employer’s responsibility to ensure that the workplace is as safe as is practically possible. That health and safety measures are in place and enforced. And additionally, that all reasonable steps are taken to ensure that the risk of accidents and injuries are reduced as much as possible.
The duty of care that a retailer has over their customers comes from the Occupiers Liability Act 1957. This piece of legislation ensures that it is the controller of a property that is responsible for the safety of people who are on their property when it comes to the condition of the property. This means that if an accident occurs due to poor maintenance, risk hazards or poor housekeeping the controller or business owner could be liable.
Personal injury solicitors have the knowledge to know which legislation to refer to. If you would like more advice on whether a personal injury solicitor could look at your case speak to our claims advisors today.
How Could An Accident In A Shop Occur?
There are numerous ways an accident in a shop could occur involving employees or shoppers. However, to be able to make a claim, you would need to prove that your injuries were caused by a relevant third party breaching the duty of care they owed you.
Examples of potential shop accidents that may lead to a claim include:
- You may slip on a spillage that was not signposted or cleaned as a customer in a shop. This could cause you to suffer a sprained ankle and wrist injury.
- You may suffer a head injury as a customer in a shop due to an overhead sign not being properly secured, causing it to fall onto you.
- An employee may suffer a back injury while carrying out a manual handling task, such as lifting a heavy box. This could potentially occur because the injured staff member wasn’t properly trained in manual handling methods.
For advice on claiming for an accident in a shop, please get in touch with our advisors for free today. They could provide you with a free case assessment and may also connect you with one of the solicitors on our panel.
How Are Compensation Payouts Calculated When Claiming For An Accident In A Shop?
If negligence has caused you to be injured due to an accident in a shop, a compensation claim could be made. For instance, if you fall in a shop, you could claim if you suffered a back injury due to an unmarked spillage. However, you may wonder how much this claim could be worth?
Each claim needs to be individually assessed before an appropriate value can be settled on. Compensation can often be split into general damages and special damages. The table in this section relates to the general damages portion of your claim. General damages are awarded for the pain and suffering an injury has caused you. When legal professionals are working out how much this figure should be worth, they may use the Judicial College Guidelines (JCG).
This is a publication that includes a list of figures, updated in 2022, that correspond to various injuries that could be sustained due to negligence. These guidelines are used to assist in the process of valuation for your general damages figure.
You’ll find some example entries from the JCG in the table below. Please note that the first entry in this table is an estimated figure that is not based on the JCG.
| Injury | Compensation | Description |
|---|---|---|
| Multiple serious injuries plus special damages | Up to £500,000+ | If your accident in a shop has caused multiple serious injuries, then your claim may lead to a payout that covers all injuries plus any related special damages you claimed for, such as loss of earnings. |
| Amputation of both feet | £169,400 to £201,490 | This injury is treated similarly to a below-knee amputation because of the loss of a useful ankle joint. |
| Amputation of one foot | £83,960 to £109,650 | Also treated similarly to a below-knee amputation. |
| Severe leg injury - The most serious injuries short of amputation | £96,250 to £135,920 | Leg injuries under this bracket do not lead to amputation but they are severe enough that the compensation awarded is at a similar level. Severe fractures and gross shortening of the leg are examples of injuries that may be covered. |
| Moderate leg injury | £27,760 to £39,200 | Complicated or multiple fractures or severe crushing injuries (usually to one leg) may be covered by this bracket. |
| Severe knee injury (i) | £69,730 to £96,210 | Effects of knee injuries covered by this bracket can include disruption of the joint, ligamentous damage and loss of function. |
| Moderate knee injury (i) | £14,840 to £26,190 | A knee injury which may involve dislocation, torn cartilage or others that may result in mild future disability. |
| Very severe ankle injury | £50,060 to £69,700 | Unusual or severe injuries to the ankle such as a transmalleolar fracture of the ankle with extensive soft-tissue damage. Or cases involving bilateral ankle fractures. |
| Moderate ankle injury | £13,740 to £26,590 | This bracket may apply to injuries such as fractures or ligamentous tears that result in a mild future disability. |
| Serious Achilles injury | £24,990 to £30,090 | A complete division of the tendon has been successfully repaired, but residual weakness remains. Ankle movement will remain limited. |
What Are Special Damages?
If you’ve been injured due to an accident in a shop, compensation amounts could include special damages too. This is when you could be reimbursed for costs accrued as a result of your injuries. For example:
- Loss of earnings
- Medical bills
- Damage to personal property
- Other costs
If you’ve been injured in a shop and are looking for more information on the potential value of accident in a shop compensation payouts, get in touch with us today.
How Much Time Do You Have To Claim For An Accident In A Shop?
There is a time limit to starting a claim in most injury claim cases. This time limit is three years. This can start from either the date of the accident or from the date on which you became aware of the injuries you suffered were due to negligence.
There are exceptions to this rule however, if the victim was under the age of eighteen then their parents could have the right to make a claim on their behalf up until they reach the age of eighteen. Once that person does turn 18 and no claim has been made then they would have the three-year time limit. In other words, until their 21st birthday, in which to make a claim.
Another exception to this rule would be if the victim of the accident was considered incapable of making a claim on their own. For example, if they were left with a cognitive disability for a period, or if they were incapacitated owing to mental health problems. A litigation friend could make the claim on their behalf. If they regained full mental capabilities and no claim had been made they then would have 3 years to make their own claim.
Claiming For An Accident In A Shop With A No Win No Fee Solicitor
In some cases, those who want to have a personal injury solicitor pursue a compensation claim for them lack the funds to pay for one upfront. However, there is a solution. If you opt for a No Win No Fee solicitor you would not be required to pay a fee upfront. This means they could start work on your case straight away. A solicitor would review your case first. this is to ensure that the case has winning merits. They do not want to waste their time or yours. If they agree to take on your case they will send you a Conditional Fee Agreement.
This type of agreement is the formal name for a No Win No Fee agreement. It should state that;
- No upfront fees for the personal injury solicitor to start your case
- Pay no fees to the personal injury solicitor while the case progresses.
- No fees to the solicitor if the case loses
The only time fees are paid is when the case is won. This is a success fee. It is a percentage of your compensation. It is capped by law to top overcharging.
Call today to have your case assessed. If our advisors can see you have a strong case they could connect you with a personal injury solicitor from our panel.
If you want information about making a compensation claim, or if you would like more advice, then you can do any of the following:
- Putting a message and your contact details on this page.
- Placing a phone call to 020 3870 4868
Other Information
Some of the other pages on our website that you might find useful are listed below
