How To Sue A Shop For Compensation
This article has been written to assist those who want to know how to sue a shop for compensation. There are various ways you could become injured in a shop due to them breaching their duty of care. This duty is something we’ll explore in greater detail later in the article. We’ve also included information on the eligibility criteria to pursue a personal injury claim.
There’s also a section on example accident scenarios and one on how compensation is calculated in instances such as these. You can also read about the advantages of working with one of our No Win No Fee solicitors.
How To Sue A Shop For Compensation
Get in touch with any questions about how to sue a shop that you may have as you read. It’s free to contact us, and we’re available 24/7. Read on for more information, including our contact details:
- Call us on 0800 073 8804
- Talk to us about your claim online
- Use the pop-up chat window in the corner
Select A Section
- How To Sue A Shop For Compensation
- Am I Eligible To Sue A Shop?
- What Accidents Could Happen In A Shop?
- How Much Could You Sue A Shop For?
- How To Sue A Shop On A No Win No Fee Basis
- Learn More About How To Sue A Shop For An Injury
How To Sue A Shop For Compensation
Gathering evidence to support your claim is a big part of the personal injury claims process. If you’ve sustained an injury in a shop, then in order to have an eligible personal injury claim, the onus will be on you to prove it was caused by the shop breaching their duty of care. If an accident in a shop is entirely your own fault, you cannot make a personal injury claim.
As you will see in the next section, to have a valid public liability claim, the accident in which you sustained the injury will need to have happened because the shop failed in its duty to keep you reasonably safe while on its premises. You not only have to prove why you think the shop is at fault for the injury you sustained in the accident but also how you suffered. To do this, you could gather the following evidence:
- CCTV footage – If you appear in CCTV footage, you have the legal right to request a copy of it.
- Witness contact details – If others saw how you were injured, make sure you have a way to reach them. That way, you can pass on their contact details to your solicitor, who can approach them for a statement when required and appropriate.
- Photographs – As well as the hazards that caused your injury, take pictures of any visible signs of the injury you’ve sustained.
- Medical evidence – Your medical records should contain details of your injury, including how severe the damage was.
The list above is not exhaustive. There are other examples of evidence that may be available to you in your circumstances. Get in touch with our advisors today to find out how to sue a shop with the help of one of our No Win No Fee solicitors, who can also help you with the process of gathering evidence.
Am I Eligible To Sue A Shop?
In accordance with the Occupiers’ Liability Act 1957, those responsible for a public space must take steps to keep members of the public using the space for its intended purpose reasonably safe. As a customer, this includes you. The shop takes on the role of the occupier in the context of this legislation, and fulfilling their responsibilities means they’re upholding their duty of care.
With that in mind, let’s move into the personal injury claim eligibility criteria:
- Duty of care – Did the shop owe you a duty of care when you were injured? As a customer, you are instantly owed a duty of care
- Breach of duty – Did the shop breach its duty by failing to take steps to avoid you being injured? For example, they may be aware of a wet floor but make no effort to clean it up or display wet floor signs.
- Injury sustained – The breach of a shop’s duty of care needs to have caused you injury in order for you to make a personal injury claim.
Workplace Accident Claims
The personal injury claim criteria are similar to those stated above if you are an employee of the shop rather than a customer. However, the relevant duty of care in these scenarios is included in the Health and Safety and Work etc. Act 1974.
Because this would be a workplace accident claim rather than being referred to as an accident in a public place, the shop is known as your employer rather than the occupier. However, both instances fall under the umbrella of personal injury law.
Are There Time Limits To Sue A Shop For Compensation?
You generally have 3 years from the date you were injured to begin the process of making a personal injury claim. This time limit begins from the accident date. This is all stated in the Limitation Act 1980.
The Act also includes exceptions to the time limit for child injury claims and claims for those who do not possess the capacity to claim for themselves. Reach out to our advisors today for more information.
If your personal injury claim meets all of the criteria above, as well as falling within the limitation period, then it could be valid.
What Accidents Could Happen In A Shop?
This section includes some examples of accidents that could cause you injury in a shop. Some are relevant to both customers and workers, whilst some are more specific to one field.
- Slips, trips, and falls – Wet floors could cause you to lose your balance, as can inadequate lighting on the stairs. Incidents could cause broken bones, amongst other injuries.
- Manual handling accidents – Employees must be shown by their employees how to safely carry out these tasks. Inadequate training at work can lead to back injuries.
- Being struck by a moving object – Stock may not be properly stored on high shelves. If it were to fall on you, it could cause head injuries or possibly brain damage.
- Vehicle accidents – A forklift driver could lose control of the vehicle and run over your foot due to them not being properly trained on how to use it.
If you want to find out more about how to sue a shop and if you have a valid claim, get in touch with us today.
How Much Could You Sue A Shop For?
The value of a personal injury compensation claim depends on various factors. Your claim is valued specifically, and so the figure that’s arrived at will be unique. For your pain and suffering, there is a head of claim called general damages. Those responsible for making the necessary calculations often do so with the assistance of the Judicial College Guidelines (JCG). The JCG contains guidance amounts pertaining to general damages.
We’ve provided some extracts from the JCG in the table below, which you can use as a rough guide. However, bear in mind that your own claim will differ in value.
The table’s top entry, which takes into account a head of claim called special damages, does not appear in the JCG.
| Injury | Severity | Notes | Bracket Amounts |
|---|---|---|---|
| Multiple serious injuries and special damages. | Very severe | You could suffer more than one injury of a serious nature, and the figure would be combined with financial losses such as loss of earnings and medical expenses. | Up to £1,000,000+ |
| Paralysis | (a) Quadriplegia | Life expectancy and levels of pain/awareness are amongst the considerations when valuing this injury. | £324,600 to £403,990 |
| Paralysis | (b) Paraplegia | As well as issues with depression and an impact on the person’s independence, there may also be a risk of further paralysis. | £219,070 to £284,260 |
| Brain damage | (a) Very severe | Although some patterns such as sleep may return, there will be little response to the person’s environment. The person’s language function will also be severely decreased. | £282,010 to £403,990 |
| Neck | (a) Severe | Injuries such as these are associated with paraplegia of an incomplete nature. There will be intractable headaches. | In the region of £148,330 |
| Arm | (a) Severe | Although the injury falls short of the need for amputation, it isn’t by much. | £96,160 to £130,930 |
| Arm | (b) Permanent | Lasting functional or cosmetic disability has been caused by serious fractures to either one or both forearms. | £39,170 to £59,860 |
| Arm | (c) Less serious | A substational recovery will have taken place, despite there being sigificant disabilities at first. | £19,200 to £39,170 |
| Eye | (d) Total loss | One eye will be totally lost. | £54,830 to £65,710 |
| Shoulder | (a) Severe | Significant disability caused by damage to the brachial plexus. | £19,200 to £48,030 |
| Shoulder | (e) Clavicle fracture | The injury is valued depending on factors such as residual symptoms and length of recovery. | £5,150 to £12,240 |
Special Damages
Some claimants can also be eligible to receive special damages. This additional head of claim can reimburse you for financial costs and losses caused by your injuries.
Examples can include:
- Medical expenses – Prescription medication such as painkillers, for example.
- Loss earnings – Your income may have been disrupted if you’re left unable to work on a temporary or permanent basis.
- Walking aids – Your injury may have caused you mobility problems.
- Travel costs – You may need to travel using public transport and taxis to reach medical appointments.
- Damage to personal property – The accident that caused your injury may have damaged or destroyed personal items such as a phone or laptop.
Get in touch with our advisors for more examples of special damages, how compensation is calculated, and to have us give you a bespoke estimate of how much you could be owed.
How To Sue A Shop On A No Win No Fee Basis
If you’re struggling to understand how to sue a shop for negligence, you may find making a claim with the help of one of our No Win No Fee solicitors to be very helpful.
When working with our solicitors, there is nothing to pay them upfront, this is because they work with a Conditional Fee Agreement (CFA) in place, which is a form of No Win No Fee arrangement. If your claim is successful, your solicitor will take a fee from your compensation in the form of a legally capped percentage. This is not taken if your claim fails, which is why it’s referred to as a success fee.
Contact Us
Getting in touch with us is free of charge, and we will answer your questions and give you guidance regarding your claim. If we think your claim could be valid, we can also pass you on to one of our No Win No Fee solicitors to help begin the process of claiming.
Learn More About How To Sue A Shop For An Injury
Follow the links below for more helpful information.
More from us:
- We have answers to some of our public liability claim FAQs. Head here to read the answers.
- You can also claim if you’re injured in other shared spaces, such as if you had an accident in a public park. Find out more by reading this guide.
- Employee accidents can result in a broken ankle at work claim. Explore this guide to learn more about this specific scenario.
Information from other sources:
- There is information regarding the Pre-Action Protocol for Personal Injury Claims on the Government website.
- In certain claims, a litigation friend may need to be assigned to claim on behalf of someone who is unable to do so themselves.
- The Solicitors Regulation Authority (SRA) has simplified some legal jargon so you can understand it with greater ease.
Thank you for reading our guide on how to sue a shop.
