If you’re walking along in a shop or a supermarket and you are suddenly hit by a stack of shopping baskets, can you make a claim for compensation? It could easily knock you over or cause a nasty injury…
If this happens to you, you may have a claim for personal injury compensation. It depends on how this has happened.
If for example:
- A store assistant or other employee has made a stack too high, you may have a claim.
- If a stack was made unstable you may have a claim.
- If a stack was not set correctly, you may have a claim.
- If a stack is set dangerously on a slope.
- If a stack is knocked over by an employee of the shop.
In all of the above circumstances, even where an employee has been negligent, you can claim against the shop as the employer is vicariously liable for the negligence of their employees. The law that normally applies is the Occupiers Liability Act which states that whoever is in control of premises has a duty to look after their visitors.
There are unfortunately circumstances when you may find it difficult to claim. If another shopper knocked over the stack or stacks them dangerously and this causes the stack to fall, the shop may argue that the actions of another shopper are entirely out of their control. This could be a reasonable defence.
In law, to win a claim, we must prove that there has been a breach of the duty of care owed to you by those in control of a premises. If we can prove a breach has occurred and prove that this has caused you suffering and loss, you should have a claim.
100% Compensation
For public liability cases like this, we can still offer a full 100% compensation agreement even though the law has changed in April 2013 meaning other lawyers will take 25% from your payout.
25% appears to be some sort of market rate and the vast majority of other lawyers are taking this. We will agree not to take a percentage deduction so long as you comply with the terms of our agreement.
