So if this does happen to you, can you make a claim for personal injury compensation?
The Occupiers Liability Act
The above piece of legislation basically imposes a duty on to the supermarket to take all reasonable steps to ensure people are not injured in the supermarket. So whether you have a claim of not depends on whether they have failed to take all reasonable steps.
So first we must assess what reasonable steps are. The following are the most common examples:
- Inspection and cleaning regimes – where someone must inspect all aisles in the supermarket on a reasonable basis. Perhaps every half an hour or so. Hazards can then be cleared away.
- Clean as you go systems – where staff are trained and instructed to look out for hazards when working.
- Signage and cordons – to block off a hazard to the public when it is known.
So if the supermarket, as an example, does not have a system of inspection and maintenance, we could argue that this is a failure to take all reasonable steps and as such is a breach of this important health and safety law.
How do we know if they have taken all reasonable steps or not?
Well, until we actually pursue a case, we don’t. It takes submitting a claim to the supermarket or their insurers and then seeing what their response is.
If they can prove they have taken all reasonable steps, unfortunately, you may find it very difficult to win a claim. It doesn’t matter how severe your injury is – in reality it all depends on whether there is a breach of the law.
Can you claim?
Well it’s worth us investigating it for you on a No Win, No Fee basis. If we do win the claim, you will keep 100% of your compensation payout – so it’s well worth putting a claim in!
Don’t be embarrassed either – we take on a lot of claims with these sorts of circumstances, and you have the right to make a claim! For advice, call us now on 0800 634 75 75.