We don’t expect to sustain a personal injury when we are out in a supermarket doing our weekly (or daily for some) shop. The good news is that you are well protected if you do sustain injury that was not your fault in a supermarket. Basically the Occupiers Liability Act applies and this Act (or law) ensures that the supermarket in question owes you a duty of care when you are in the store doing your shopping. Indeed unlawful visitors are also owed a duty of care. However the level of care owed to lawful visitors is naturally greater than the level of care owed to unlawful visitors (known as trespassers).
To be an occupier the supermarket need not even own the store, it merely needs to have occupational control of it. Therefore the term occupier is quite wide in its definition. The level of care required is set out in Section 2 (2) of the Occupiers Liability Act 1957. This reads as follows:
“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 for the purposes for which he is invited or permitted by the occupier to be there.”
This Act means that if you sustain injury whilst doing your shopping, such as by slipping on fruit that has been left on the floor, then it is likely that you can recover compensation. Slipping accidents in supermarkets are fairly common, as it is easy for goods and products to be spilt, causing a hazard. Basically the store can take steps to reduce the likelihood of an accident occurring. If there is a spillage then it should be rectified or cleaned up as soon as possible. If fruit is dropped onto the floor, it should be picked up. The longer the hazard is there (i.e. the longer the floor is left wet or the longer the fruit is left on the floor) – the more likely it is that an accident will happen. A warning sign could be used to warn of the danger. A warning sign should be put up as soon as possible. The warning sign must be clearly displayed. Even if a warning sign was present, this in itself does not mean that you cannot claim.
It is important that you seek independent legal advice. Supermarkets often have CCTV footage and you should request that the store retains this. It is important that you can prove that you made this request, so do it by email or keep a copy of any letter for example. Make the request as soon as possible, as CCTV footage is only kept for so long before it is destroyed.
It is important that you seek independent legal advice. To discuss a potential claim do not hesitate to contact The Injury Lawyers.
