If you have suffered from a personal injury due to an accident that was through no fault of your own in a shopping centre, you may be able to claim financial compensation for your injuries. Shopping centres have a duty of care to shoppers, and if you have suffered from an injury due to the negligence of others, it is essential that you talk to a specialist personal injury solicitor to discuss your claim.
The most common reasons to make a shopping centre claim include:
- Slipping on wet floors
- Slipping on spillages, rubbish disposal bags, other items left on the floor
- Accidents on escalators/lifts
- Tripping on defects in car parks
- Assault by a security guard
Shopping Centre Claims
It is important with this sort of claim, that evidence is collected in order to prove that your injuries were due to the negligence of the shopping centre.
Examples of possible evidence include:
- It is a good idea to take photographs of any spillages/defects on the floor and to also make sure that you show a larger picture of how the spillage/defect looks in relation to the surrounding area, so that the exact location of the accident can be identified.
- You should make sure that you report the accident to the shopping centre immediately and complete an accident book entry. It would be useful to ask for a copy of the accident book entry and to also take a note of any staff members that you speak to.
- Try to obtain the details of any witnesses to the accident and also any possible witnesses to the spillage/defect/wet floor and how long it had been there before the accident took place. It would be useful if details were obtained from and anybody that assisted you after the accident, even if they did not necessarily witness it.
- You may wish to obtain a map of the shopping centre (most centres will have one on their website) and mark on the map exactly where the accident happened.
Other useful steps to make when making a shopping centre claim may be to:
- Seek medical attention for your injuries.
- Keep a record of any expenses incurred due to the accident, such as travel, medication, damaged or repaired items, and retain your receipts.
- If you have time off work as a result of the accident, keep a record of any loss of earnings.
- If you need assistance with tasks such as personal care or housework, cooking, and childcare, keep a diary of the number of hours per day you need help for and how many days/weeks this continues.
The Occupiers Liability Act 1957 applies to all accidents occurring in Shopping Centres.
If you have an accident in a shopping centre, it is essential that you seek advice as soon as possible to allow as much evidence as possible to be obtained. It allows crucial evidence such as any CCTV to be preserved, since CCTV is not usually available after 28 days.
Some shopping centres employ contractors to carry out all of the cleaning and daily inspections of the shopping centre for things such as spillages, so the contractor may be liable for the accident, rather than the shopping centre itself.
Express Solicitors has extensive experience and expertise in handling cases against different shopping centres all over the UK. We have a specialist public and occupiers liability department which has expertise in identifying any specialist expert evidence needed (e.g. a floor slip test).
Please call 0161 904 4660 to discuss your Shopping Centre claim with a specialist personal injury solicitor.