How to sue a shopping centre for injuries involves building a strong claim that proves that a third party, such as building management, caused you to suffer harm through negligent actions. Many accidents in shopping centres are entirely preventable, often resulting from a failure to address spillages or other hazards, to inspect the premises, or to repair faults such as leaky roofs and loose tiling. If your injuries resulted from a shopping centre’s failure to keep you reasonably safe, you may have grounds to seek personal injury compensation.
Our advisors are on hand 24/7 to answer your questions and provide a free consultation to thoroughly assess the circumstances of your accident. If you wish to proceed, you may be connected with one of the expert personal injury solicitors on our panel. They put client care at the heart of what they do, and take an active role in helping clients obtain the evidence they need to build the strongest shopping centre accident claim possible. Use the details in this guide to get in touch today.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Frequently Asked Questions
- How To Sue A Shopping Centre For Injuries
- Examples Of Accidents That Might Occur In A Shopping Centre
- How Much Compensation Can I Sue A Shopping Centre For?
- What Will I Need When Suing A Shopping Centre For Injuries?
- Why Sue For Shopping Centre Injuries With Our Panel Of Solicitors?
- Can I Sue For An Accident In A Shopping Centre On A No Win No Fee Basis
- Learn More
How To Sue A Shopping Centre For Injuries
To sue a shopping centre for injuries, you must show that the owner or occupier of the premises (or an individual shop) negligently caused the harm you suffered. This is referred to as negligence, which involves establishing that:
1. You Were Owed a Legal Duty of Care
You are owed a duty of care by the occupier of a building or premises, such as a shopping centre or an individual shop. This duty towards your wellbeing requires the occupier to take practical steps, such as carrying out regular maintenance checks and inspections, to ensure you are reasonably safe when visiting.
This is set out in the Occupiers’ Liability Act 1957, and occupiers owe this duty throughout all areas of the shopping centre that they control, including car parks.
2. This Duty of Care Was Breached
A duty of care will be breached when the occupier fails to take reasonable measures to ensure your safety. In the context of a shopping centre, this might result from neglecting maintenance, ignoring documented hazards such as faulty escalators or leaking roofs, or failing to display ‘wet floor’ signs in toilet facilities.
3. You Suffered An Injury
Finally, the breach must have directly led to you sustaining a physical or psychological injury. For instance, if you slipped on a pool of water from a leaking roof, you may have broken your wrist and dislocated your shoulder.
To have your eligibility for claiming after a shopping centre accident assessed, get in touch with an advisor today.
Examples Of Accidents That Might Occur In A Shopping Centre
Accidents that might occur in a shopping centre can take place in the shops themselves, the car park of the centre or within the centre’s food court. Examples of how these accidents might occur due to a failure to keep visitors reasonably safe are discussed below.
Accidents In A Store
- A box of stock is left in the aisle of a clothes shop, creating a trip hazard that is overlooked due to inadequate staff training and a lack of regular floor checks. Whilst shopping, you trip over the box and break your ankle in the resulting fall.
Accidents In A Food Court
- In a busy food court, cleaning staff leave a spilt drink unattended and fail to place warning signs for customers. This inaction results in you slipping on the liquid, causing you to suffer a herniated disc that leaves you with persistent mobility problems.
Injuries In The Toilets
- Multiple complaints have been made that the water from the toilet taps in a shopping centre is excessively hot. An inspection has revealed that the thermostatic mixing valve (TMV) is faulty, but management has failed to address the issue or take the taps out of service. Without any warning signs to alert customers, you suffer severe burns to your hands due to the water being at scalding levels. This also leaves you with permanent scarring and depression.
Car Park Accidents
- There are several deep potholes scattered through a shopping centre’s car park. As you head towards the lift, you trip on one of them and damage your spine in an awkward fall. Shopping centre management had been well aware of the defects for several weeks but had concluded that repairs did not need to be urgently made.
You can discuss the specific details of your accident and find out how to sue a shopping centre for injuries by calling one of our advisors today.
How Much Compensation Can I Sue A Shopping Centre For?
The amount of compensation you can sue a shopping centre for will depend on the extent of the injuries suffered, their wider impact on quality of life, and related financial losses. Any pain and suffering you experience because of your injuries is covered under a head of claim called general damages. Solicitors often value this head by referring to suggested compensation brackets found in the Judicial College Guidelines (JCG), which this document pairs with corresponding types and severities of injury.
You can find more brackets in the table below. Please be aware that the top figure was not taken from the JCG, and these amounts are only guidance. That is because your compensation will be determined by the nature and severity of your injuries.
For instance, a fall at a food court that leaves you with persistent mobility issues may be assessed based on how your injuries affect your ability to play football, exercise, or carry out everyday activities. Compensation can also factor in whether anxiety arising from the accident prevents you from visiting shopping centres or other crowded areas.
| Type of Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Serious Injuries | Multiple serious injuries with special damages, such as care costs, loss of earnings and medical expenses | Up to £500,000+ |
| Neck Injuries | Severe (i) - associated with incomplete paraplegia with little movement in neck | In the region of £181,020 |
| Moderate (i) - fractures or dislocations or severe damage to soft tissues | £30,500 - £46,970 | |
| Back Injuries | Severe (iii) - disc lesions or fractures of discs | £47,320 - £85,100 |
| Moderate (ii) - disturbance of ligaments and muscles giving rise to backache | £15,260 - £33,880 | |
| Head and Brain Injury | Less Severe - Injured person would have made a good degree of recovery and will be able to return to a normal work and social life. | £18,700 - £52,550 |
| Arm Injuries | Less Severe - Significant disabilities but a substantial degree of recovery | £23,430 - £47,810 |
| Elbow Injuries | Less Severe - impairment of function but not involving significant disability | £19,100 - £39,070 |
| Wrist Injuries | Less Severe - Still some permanent disability, such as persisting pain and stiffness | £15,370 - £29,900 |
| Nose Injury | Serious or multiple fractures - requiring a number of operations | £12,990 - £28,220 |
| Shoulder Injuries | Serious - Dislocation of the shoulder causing weakness of grip | £15,580 - £23,430 |
Can I Sue For Financial Losses After An Accident In A Shopping Centre?
Yes, you can sue for financial losses after an accident in a shopping centre directly resulting from your injuries under the head of claim, special damages. Any costs that you have had to pay that are associated with your injury will be covered by special damages. Special damages can include the cost of:
- Rehabilitation, such as occupational and physical therapy.
- Travel to and from medical appointments, such as bus or train tickets, if your shopping centre injuries have left you unable to drive.
- Any wages that you have missed out on, extending to future impacts on income.
- Care, for instance, if you have reduced mobility from suffering a serious back injury after a fall at a shopping centre.
- Equipment that you need, such as wheelchairs.
Special damages can only be claimed for if there is evidence of your losses, meaning you will need to supply receipts, payslips, bank statements, or other financial documentation. You can find out how our panel can assist clients with gathering this evidence by contacting one of our friendly advisors today.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Will I Need When Suing A Shopping Centre For Injuries?
When suing a shopping centre for injuries, you will need evidence that shows how someone else was at fault for the harm you suffered, and ensure you file your claim within the legal time limit. We explain how evidence and time limits may apply to your case below.
Evidence Needed To Prove Liability For A Shopping Centre Accident
The evidence that you provide must establish how shopping centre management or a specific retailer is liable for the injuries you sustained in the shopping centre accident. This can include CCTV footage, a copy of the shopping centre’s accident book report, and photographs of loose tiling, leaking roofs, or other hazards that led to your injuries.
More examples of evidence can be found in our guide detailing what evidence may be needed for a personal injury claim.
How Long After A Shopping Centre Accident Can I Sue For Compensation?
After a shopping centre accident, you will generally have 3 years from the date of the incident to sue for compensation. This deadline applies only to when the claim should be initiated, not when it must be settled.
More information on this deadline can be found in our limitation period guide.
You can learn more about the process of making a personal injury claim by getting in touch with one of our advisors today.
Why Sue For Shopping Centre Injuries With Our Panel Of Solicitors?
If you sue for shopping centre injuries with our panel of solicitors, you will gain access to a range of services tailored to your needs and the unique circumstances of the accident. Whether you were injured in a food court or slipped in the toilets, your solicitor will take the time to assess your case and help you build a strong claim for compensation.
Here are some ways that they can support you when claiming:
- Assessing your injuries and financial losses so that your compensation covers the fractures that you have suffered from slipping in a shopping centre, as well as the time that you have had to take off from work because of them.
- Advising you on what evidence will best prove the occupier’s negligence for your shopping centre accident.
- Obtaining any documents needed for your claim, such as medical records and the accident report from the shopping centre.
- Preparing statements from staff members or any other customers of the shopping centre who witnessed your accident.
- Updating you on the progress of your claim and any new damages that they think your compensation can cover.
You can learn more about our panel’s service by chatting with an advisor today.
Can I Sue For An Accident In A Shopping Centre On A No Win No Fee Basis?
Yes, you can sue for an accident in a shopping centre on a No Win No Fee basis with a solicitor from our panel at How To Sue. Our panel offer their clients a specific type of No Win No Fee arrangement, called a Conditional Fee Agreement, that offers several benefits. In short, CFAs mean:
- Zero upfront payments in service fees to your solicitor.
- No ongoing service fees incurred for the duration of the claim.
- Your solicitor will not take a service fee if your claim is unsuccessful.
If your claim is successful, a percentage of your compensation will be deducted by your solicitor. However, you can be assured that this is legally capped, and you will still receive most of your compensation.
Contact Us
Our advisors are waiting to help, so please reach out today for more information on how to sue a shopping centre for injuries. You can do so by:
- Calling on 0800 408 7827
- Using our free live chat function
- Contacting us by filling out our online form with your details
Learn More
Find more of our useful guides below:
- Learn how to sue for a slip or trip accident
- Read about suing for fall from height injuries
- Information on how to sue after tripping over wires
You can find further reading to help inform your claim below:
- Learn how to request CCTV footage
- Read about getting Statutory Sick Pay
- Here’s information from the NHS about spotting the signs of a head injury and concussion
Thank you for reading our guide on how to sue a shopping centre for injuries.