Accidents in Supermarkets

It can be complex to determine who is liable in supermarket accidents because multiple parties may share responsibilities on the premises.

For example, an external cleaning company may have failed to leave a wet floor sign, where a customer has later had a fall.

We have broken down how Occupiers Liability Works and who may be held liable:

• Duty of Care: Supermarkets have a legal duty of care towards their customers. This means they must take reasonable measures to ensure the safety of their premises and protect customers from foreseeable harm.
• Employee Negligence: If an employee’s negligence, such as failing to clean up a spill promptly or not properly securing merchandise, leads to an accident, the supermarket may be held liable.
• Third-Party Negligence: In some cases, a third party may be responsible for an accident, such as a cleaning company hired by the supermarket. If their negligence contributes to the accident, they may share liability.
• Contributory Negligence: If a customer’s own negligence contributes to the accident, their compensation may be reduced. For example, if a customer ignores warning signs or acts recklessly, their share of responsibility may be considered.

1. Medical attention: Your health should be your top priority. Seek medical attention for your injuries, even if they seem minor at first. Promptly documenting your injuries will help establish a link between the accident and your medical condition.
2. Report the incident: Notify the supermarket management of the accident as soon as possible. Ask them to document the incident and provide you with a copy of the report. Be sure to keep a record of all communication with the supermarket and their representatives.
3. Gather evidence: Take photographs of the accident scene, including any hazards or conditions that contributed to the accident. Collect contact information from any witnesses present. Preserve any physical evidence, such as torn clothing or damaged personal belongings.
4. Document expenses: Keep a record of all expenses related to the accident, including medical bills, transportation costs, and any other out-of-pocket expenses. These records will help calculate the compensation you may be entitled to.
5. Consult a solicitor: Get in touch with Oakwood Solicitors’ experienced personal injury team to guide you through the legal process and evaluate your case.

The amount of compensation you are awarded will depend on the severity of your injuries, the circumstances of the accident and the effect it has had on your life.

You may be awarded general damages which relate to the pain, suffering, and loss of amenities of life that are evidentially linked to the accident at work directly.

The Judicial College Guidelines, which set out financial brackets for common types of injury will be used to assess damages based on the affected body parts and the type and severity of the injury.

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

Special damages may also be used to compensate for any financial losses or out-of-pocket expenses as a result of the accident at work.

This would include (but is not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as the Smith v Manchester award.

This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

If you are unable to do tasks like gardening, or walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

Oakwood Solicitors Ltd is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases.

We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning.

It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.

When you instruct us, you can expect a friendly, down-to-earth approach, together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.