On a daily basis many unsuspecting shoppers fall victim to accidents as customers. The law under the Occupiers Liability Act 1957 and 1984 provides protection to you as a lawful visitor to such premises, as in most situations the store is likely to blame for your accident occurring as it could well have been avoided if greater care had been taken.
Duty of care
The duty of care from retailers towards you should come in the following ways:
- Following health and safety rules (to keep stores clean, hazard free and safe);
- Conducting risk assessments (to identify, eradicate and minimise risks to customers);
- Putting strict daily procedures and precautions in place;
- Training staff.
A breach of the duty of care or failing to abide by the law can result in an action in negligence against the retailer. Alternatively despite having the above in place, as people are ‘only human’ accidents can be unavoidable and still happen.
What to do after an in-store accident happens
Here’s what to do if you or someone you know becomes involved in an accident. Following these measures could help in proving your case for compensation:
- Seek medical assistance – most retailers have an on-site first aider who can offer medical advice if not treatment at the outset – your health comes first;
- Incident log-book – By law, under health and safety regulations retailers are required to record all accidents which occur on their premises, however minor. Check that they record your accident and the injuries you sustained accurately. Request a copy of the log where possible to keep for your records.
- Take down details of any employees you speak to – (name, department, job title etc).
- Take pictures – the camera never lies. If there is visible, tangible evidence of the cause of your accident (whether this is a spillage on the floor, a worn matt in disrepair, a slippery smear on the floor, a packet fallen from a shelf etc) take photographs from all angles (close and afar) to keep as evidence.
- Get any eye witness’s details – if anybody saw your accident, ask for their contact details as they could come in handy.
Make a claim
Once you’ve received treatment for your injury, please do not hesitate to contact Express Solicitors to speak to one of our personal injury experts who can advise you on whether you have scope for a claim for compensation. Once your case is accepted, your claim will be assigned to a specialist who will deal with everything for you.
Don’t delay call Express Solicitors today on 0845 456 4007 for a no obligation chat with our friendly team of advisers.