Welcome to our guide on how to sue a store for an injury. We understand the pain and frustration you might be feeling following an accident in a shop. If you’re looking to claim against the store because they acted negligently, our guide could help.
This guide takes a detailed look at how you can make a personal injury claim for an injury in a store. If you still have questions after reading this, our advisors can help. They are available 7 days a week to provide free legal advice and answer any questions you may have.
Additionally, they can connect you with our panel of solicitors if you’re ready to start your claim. For more information, call us on 0800 408 7827. Alternatively, continue reading to find out how to sue for an injury caused by the negligence of the store’s occupier.
About Suing A Store For An Injury
- A Guide On How to Sue A Store For An Injury
- What Is A Lawsuit For An Accident In A Store?
- What Injuries Could I Claim Compensation For?
- Who Could I Sue For An Injury In A Store?
- What Evidence Will I Need When Suing For An Accident In A Store?
- Do I Need To Go To Hospital Or See A Doctor?
- Work Out How Much You Could Sue A Store For An Injury
- Accepting A Settlement Offer
- Do I Need A Solicitor To Claim For An Accident In A Store?
- How To Sue A Store For An Injury With A No Win No Fee Solicitor
- Ask Our Team About How You Sue A Store
- Get Free Legal Advice
- FAQs On How To Sue A Store For An Injury
How do I sue a store for injury? Is a store liable for a customer injury? What happens if you injure yourself on someone’s property? These are all questions that we’ll be exploring in this guide.
In addition, we’ll be taking a detailed look at:
- Making a claim with a No Win No Fee solicitor
- Duty of care
- The benefits of having a solicitor
- Compensation and what you could claim for
If you’re considering suing for an injury in a shop, you might be wondering how long you have to start a claim. Generally, you have three years from the date of the accident. This is applied by law under the Limitation Act 1980. Please note that there are exceptions, please call our advisors for more information.
If you’re looking to claim on behalf of someone else, then you may be able to do so by acting as a litigation friend. This is only possible if the injured party is a child or lacks the mental capacity to act on their own behalf. You need to be considered someone who will look out for the injured party’s best interests.
Different scenarios can lead to an accident in a store. Perhaps you were doing your weekly shop and you slipped on something while walking down the aisle? Or maybe you were packing your shopping up and got injured by a trolley that hadn’t been stored away properly?
Every shop owner/occupier has a duty of care to their customers. Therefore if you are caused an injury because the store owner breached the duty of care they owed you, you may be eligible to pursue a personal injury claim.
Whenever we visit a public area for its intended purposes the occupier or those in control of the space have a duty of care applied by the Occupier’s Liability Act 1957 to protect the safety of visitors and those alike.
If you had an accident in a shop caused by the owner’s negligence you have a few options as to how you could proceed. Firstly, you should ensure you have your injuries checked out by a medical professional. Also, if possible, ask the shop’s staff to record what happened in their accident book.
If you’re considering making a personal injury claim for the accident, you should next gather evidence as soon as you’ve sufficiently recovered from your injuries. Potential evidence may include witness contact details, photographs and CCTV footage which you may be able to request from the shop.
When you’ve collected the available evidence, you may then wish to hire a solicitor who can support your claim. It’s up to you whether you hire one and which one you pick, but we recommend choosing one with previous experience in handling injury in shop claims.
There are many types of potential accidents which can cause you to suffer an injury in a shop. For example, perhaps you had a slip, trip or fall. These types of accidents can cause many different injuries. Some common injuries might include:
- Broken bones (like a broken cheekbone or a broken rib, or broken hip for instance)
- Scrapes, cuts and bruises
- Other more severe injuries such as back or neck injuries
Crucially, your claim will need to establish that the store you had your accident in owed you a duty of care. You’ll also need proof that the store breached this duty through negligent behaviour.
Compensation is split into general and special damages. General damages cover your physical and emotional suffering as well as how the injury has affected your quality of life. If you’re eligible to claim for general damages, then you may possibly be able to claim for special damages too. These cover your past and future financial losses which can be directly linked to your accident and injuries.
With regards to an accident in a shop, the occupier/owner of a store has a duty of care to keep you safe while you’re visiting it. As stated in the Occupiers’ Liability Act 1957, they must do everything reasonably possible to prevent you from having an accident on their property.
Actions that store owners can take as part of their duty to keep you and others safe can include the following:
- Carrying out regular risk assessments
- Providing relevant training to staff
- Having a clear fire exit
So to answer your question, can you sue a store for negligence? The answer is yes if they breach their duty of care and cause you a retail injury. Furthermore, you might also be wondering what makes someone an occupier? An occupier could be someone who:
- Owns a property
- Lives in a property
- Uses a property for business purposes
Additionally, the Occupiers’ Liability Act 1984 (additional to 1957 Act) covers any trespassers on the property.
Also, employees who work in a shop may also be suspectable to injuries caused by employer negligence. Employees could suffer all types of injuries if the working environment is not a safe one to work in such as; broken forearm, or broken foot injury at work, or a broken toe at work. If your accident at work was a result of a breach of duty of care your employer owes you, you could sue your employer.
For that reason, evidence is important in building a valid claim. See below for more information on the evidence you can use to sue.
There are various types of evidence that can be useful if you decide to sue a store for an injury. For example, in order to prove the accident happened, you may be able to gather:
- CCTV footage
- Pictures of the accident or cause of the accident if possible
- Witness details so that legal professionals can take statements later on.
- Records of the accident in an accident book
In addition to proving the accident happened, you’ll require evidence of any money lost as a direct result of the injury in order to claim for special damages. Examples of such evidence may include:
- Receipts for travel or medical expenses
- Payslips for loss of earnings
Furthermore, you’ll want to collect medical evidence to show the injuries you sustained were caused by negligence. For more information on the medical evidence you can use to make a personal injury claim, see below.
Firstly, you should always ensure you have received proper medical treatment for any injuries you’ve suffered. This will help to prevent any further complications.
Furthermore, seeking medical attention will provide medical evidence which can be important in supporting your claim for an accident in a shop. Medical evidence may include:
- Medical reports or documents from your visit to a doctor or hospital
- An Independent Medical Assessment (IMA)
With regards to the IMA, it involves getting your injuries and condition assessed by an independent professional.
If you’re unsure of medical evidence or other evidence that you might require, get in touch with our team.
We have created a compensation table to give you a better idea of how much you could claim for various types of injuries. We’ve taken compensation brackets from the Judicial College Guidelines, a document solicitors may use to value claims.
The figures only refer to general damages. Any special damages which you may be able to claim for will be worked out separately. Please use these figures as a guideline only, since compensation amounts can vary depending on your specific circumstances.
|Brain or Head Injury||Moderately Severe||£205,580 to £264,650|
|Brain or Head Injury||Less Severe||£14,380 to £40,410|
|Chest Injury||Fracture of ribs or soft tissue||Up to £3,710|
|Injuries Affecting Sight||Loss of sight in one eye||£46,240 to £51,460|
|Injuries Affecting Sight||Minor Injuries||£3,710 to £8,200|
|Injuries Affecting Sight||Transient Injuries||£2,070 to £3,710|
|Foot Injury||Modest Injuries||Up to £12,900|
|Neck Injury||Severe||£42,680 to in the region of £139,210|
|Neck Injury||Moderate||£7,410 to £36,120|
|Neck Injury||Minor||From around £2,300 to £7,410|
If you make a claim against a store because of an injury, the defendant may offer you a settlement at some point. However, it’s important to note that you don’t have to accept the first offer you’re given.
A personal injury solicitor can advise when to take an offer or if you should take a different course of action. However, a solicitor can’t make any decisions on a settlement without your approval. The final decision on accepting an offer will always go through you.
Having a solicitor to support you through the claims process can be beneficial for a number of reasons. For more information on how a solicitor could help you, see below.
It isn’t a legal requirement to have a personal injury solicitor represent you. Instead, you could represent yourself. However, it can be more beneficial to have a solicitor for various reasons:
- A qualified and experienced solicitor can help with navigating the often complex legal system
- It can reduce pressure and stress on you, particularly if you have a limited amount of time to focus on your claim
Our advisors can connect you with our panel of solicitors who can support your claim on a No Win No Fee basis. This means that if the claim is unsuccessful, you won’t pay your solicitor’s legal fees.
If they are successful, you’ll pay a success fee. Your solicitor will usually take a legally-capped percentage from your compensation to cover their payment.
Most importantly, you can avoid upfront solicitor costs. Contact our advisors to learn how they can connect you with our panel of No Win No Fee solicitors.
Making a personal injury claim can be daunting. However, our advisors can provide further clarification on matters such as:
- No Win No Fee agreements
- Occupiers’ duty of care
- Is an occupier’s liability different from negligence?
- What happens if you get injured at a store?
Additionally, they can provide an estimate of your claim value. Although you may have used a personal injury calculator, our advisors can provide a more accurate estimate by taking into consideration the following:
- The severity of your injury
- Where it happened
- Who was responsible
- The evidence you’ve obtained so far
Our advisors can provide you with free legal advice on anything regarding your potential personal injury claim. Additionally, if you have a valid claim, they can connect you with our panel of solicitors.
You can get in touch through the following methods:
- Telephone number – 0800 408 7827
- Live chat at the bottom of the page
- Send us an enquiry using our contact form and we’ll contact you at your specified time
Is a store liable for a customer injury?
If the store failed to keep you safe and breached their duty of care, then they could be liable for an injury to a customer.
How do I sue a store for injury?
If you were injured in an accident at a supermarket or another store, you could sue as long as it wasn’t your fault and you have evidence to prove liability from another party. Evidence might include CCTV footage.
What happens if you get injured at a store?
If you get injured in a store record it in the store’s accident book.
Can you sue a store for negligence?
This may be possible if you can prove that a store owed you a duty of care and breached it through negligent behaviour.
Was your accident caused by negligence by your local council? If so, our guide on suing your local council could help.
If your injury was caused by medical negligence, you may be able to sue a hospital. See our guide for more information.
If you are an employee who has been hurt in the shop you work in, you may be able to claim compensation if your employer breached their duty of care. You can read our guide on how to sue your employer for an accident they’re liable for. If your employer’s negligence caused a broken ankle injury at work, we have a seperate guide for this.
We also have a guide on how to sue for a criminal injury if you experienced this type of harm in a shop or elsewhere.
Why not check out more legislation; The Health and Safety At Work etc Act 1974.
The Heath and Safety Executive HSE looks at health and safety practices in the workplace.
Also, there is guidance from the Government about making a personal injury claim.
We hope you found our guide on how to sue a store for an injury useful. Thank you for reading.