If you have fallen over a box in a supermarket and have been injured as a result it is likely that you would be able to start a claim compensation! So if a cardboard box, plastic crate or packaging has been the cause of your accident whilst shopping then see what The Injury Lawyers can do for you!
Why is the Supermarket to blame?
The supermarket owes a common duty of care to anyone who enters the premises unless they restrict this under the Occupiers Liability Act. This means that the customer who enters the store should be reasonably safe on their premises. In addition to this, supermarkets must be aware that children are likely to be less careful than adults.
What can the Supermarket do to protect themselves?
Supermarkets can take some steps to avoid risks on their premises by inspecting and cleaning regularly and ensuring that it is implemented and written down. For example, if a supermarket has cleaned and inspected the area two minutes before your accident then they may be able to prove that they have taken reasonable steps to reduce risks. However, the fact remains that you have had an accident and that if you have been injured, it is likely to be as a result of the supermarket’s employees leaving boxes on the floor when restocking.
For supermarkets to protect themselves they must prove that they have taken reasonable precautions to prevent the accident. Simply putting signs or notices up may not be enough.
Example: Mr Smith is shopping in a supermarket. He is looking near to the top shelf and does not notice that a box used for carrying crisps has been left on the floor. Mr Smith walks into the box which causes him to fall and causes damage to his wrist. It is unlikely that the supermarket can argue that they had taken reasonable precautions to avoid an accident as a box had been left there by an employee. Even if it had been inspected three minutes before, the fact that an employee had caused the accident means it is unlikely to be reasonable. If it had been left by another shopper then the supermarket may have a better chance of proving that it was not their fault.
Each case is decided on its merit so if you believe that you have a claim call The Injury Lawyers and see if we believe that you could make a claim!
References: Ward v Tesco Stores Ltd
