Whilst it is an unusual scenario, we have run claims with these exact circumstances. Shelving, when poorly maintained or badly constructed staff, can be a real hazard if it were to collapse whilst you’re nearby. Not only are you likely to be hit by the shelf, but any stock on there could land on you as well and cause some nasty injuries.
So if this has happened to you, read on for information about whether you can claim and what you need to do.
The Law
As a visitor to a supermarket or a shop, you are owed a duty of care by whoever is in control of the premises. This duty of care is a part of The Occupiers Liability Act, and those in charge must take all reasonable steps to lookout for your wellbeing.
Reasonable steps can be things like inspecting and maintaining shelves at acceptable intervals. It can also be ensuring that staff have safely and properly set up shelving. A lot of shop and supermarket shelving can be easily moved and reconstructed, so if stock is being shifted around it can be common for them to be altered. If it isn’t done correctly, you could have a shelf that isn’t properly secure.
It’s an obvious danger.
Can I Claim?
The burden of proof to show that you are owed compensation is always on you. We must prove that the shop or the supermarket is in breach of the law, which isn’t always easy to do. We need to investigate the root cause of how the shelving collapsed.
If it was down to poor maintenance or someone not constructing it properly, you should have a good claim. If it was perhaps knocked by a customer who didn’t report it, and that’s what caused it to become dangerous, the shop or supermarket could defend the claim. CCTV footage could be useful to identify if this has happened.
What to Do?
Reporting it at the time is always wise as it can help with a claim. Seek medical attention as your health and wellbeing is of course the most important thing here.
Importantly you should make your claim for personal injury compensation as quick as possible. CCTV footage isn’t kept for very long, and once it’s gone, it’s gone! At the same time, the other side only have 40 working days to investigate a claim so the sooner you get things moving, the quicker you can get a decision from them.
