If you have had a shop accident and been injured then you may wish to claim compensation for your lost earnings, expenses and pain and suffering.
You don’t go shopping to be injured. Shop owners have a duty to keep you safe whilst in their premises.
Under the Occupiers Liability Act a shop owner has a duty to protect visitors to their store from harm. A shop owner can be held liable when injury or some kind of harm has occurred.
Slips trips and falls due to wet floors, uneven floors, falling items and machinery being used on the shop floor are the most common accidents.
Each year some 2,000 people are injured in shops and report it to the HSE.The Health & Safety Executive is very clear in its advice on protecting the public.
The typical injury sustained in a shop accident are broken wrists, elbows or ankles, torn ligaments or cuts and bruises. A fall can have a long term consequences.
There are many ligaments and bones in the ankle and an injury can be complex. Arthritis, compartment syndrome, bone infection and nerve damage can lead to long lasting pain and discomfort. If you have fallen on an outstretched hand and been diagnosed with Gamekeepers thumb click here for more information.
Check here for NHS Guidance
Complex regional pain syndrome (CRPS) is a condition in which a person experiences persistent severe and debilitating pain.
The resulting pain is much more severe and long-lasting than normal pain after an injury.
The pain is usually in the area injured but t can sometimes spread to other parts of the body.
The skin at the injury site can become so sensitive that just a slight touch, bump or even a change in temperature can provoke intense pain.
Pat was hit in the heel by a trolley truck when entering a supermarket. She tore a ligament in her ankle and developed Chronic Regional Pain Syndrome. She could not wear tight fitting shoes or stand & walk for long distances. The condition was likely to be permanent. Her case settled for £70,000.
A fall to an outstretched hand can cause an elbow fracture. When the fracture fails to heal sufficiently or correctly, an elbow replacement may be needed. Although it is not a common operation replacing a shoulder or elbow as a result of a shop accident is fairly established under the NHS. Although you may not have the full range of movement, the operation is fairly successful in reducing pain and increasing mobility. Read the NHS guidance here
Elsie tripped and fell and broke her elbow. She needed an elbow replacement and had permanent restricted movement. She could not dress herself properly and had difficulty with household chores. The shop blamed the council and the Council blamed the shop. Elsie eventually settled her claim for £32,000.
Post Concussion Syndrome
Post concussion syndrome from a shop accident is a mild traumatic brain injury. It is not dependant on the severity of the injury. The symptoms can occur within 7 to 10 days and go away within three months. It can persist for a year or more. Cognitive issues require a range of treatments including counselling, Cognitive Behavioural Therapy and neurotherapy.
Alex was shopping when a sign fell on her head and neck from the ceiling. It was not attached to the ceiling sufficiently. She suffered a laceration to her head, headaches and bruising and developed Post Concussion Syndrome. Her case settled for £24,000.
Report your accident straight away and make sure your case is recorded in the accident book.
Take photographs of the shop and whatever caused your accident.
Take a note of the shops details and any witness. make sure you get the name and address and contact telephone number.
Keep receipts for prescriptions or travel costs, as you may be able to get this money back as part of your compensation claim.
You have 3 years to make a claim for compensation but time is of the essence in preserving evidence.
Always use a solicitor to deal with your shop accident claim. Contact us here or telephone 0845 676 9228 or use the contact form.