How Much Compensation Can i Claim For A Primark Accident?
How many times have you taken shopping trips in your local town or city, enjoying perusing high street brands such as Primark? With a wide range of products at great prices, it is no wonder that Primark is a popular store. With 174 stores in the UK and 38 in Ireland, it is an expanding business too.
Great for homeware and clothes, it is the first choice for most families. What you don’t expect as you search for bargains is to be hurt in an accident, in store, that was not your fault. But accidents have happened in Primark with the resulting injuries being catastrophic for some victims.
Accidents happen but sometimes, these incidents are avoidable. As the Health and Safety Executive campaign highlights, “simple mistakes shatter lives…” In other words, by failing to provide a safe environment for staff and customers that leads to them being hurt, Primark has failed in its duty of care.
Not every accident is eligible for a personal injury compensation claim, but in our guide to Primark accident claims, you have all the information you need to understand not only if you have a claim but how much you could claim in compensation, alongside the best way of choosing a no win, no fee solicitor and how Legal Expert can help to manage your case.
If you have been hurt in an accident at Primark, either as an employee or a customer, and believe that they are responsible, you may be able to claim compensation for your injuries. From a slip on a wet floor to trapping your hand in a moving escalator, read on to see how Legal Expert can help with no win, no fee Primark accident claims.
Select a section
- A Guide to Primark Accident Claims
- Making a Claim for Your Primark Accident: What Is Duty of Care?
- Who Is Responsible for Accidents in Primark?
- Types of Accidents in Primark
- Slip, Trip and Fall Accidents at Primark
- What Are the Common Types of Injuries in Primark?
- Primark Accident At Work Claims
- What Should You Do to Claim Compensation for An Accident in Primark?
- What Can Compensation Claims for Accidents in Primark Include?
- How Much Compensation for Accident in Primark Can I Claim?
- No Win No Fee Primark Accident Claims
- How Legal Expert Can Help You Make a Primark Accident Claim?
- Why Choose us for Your Claim
- Helpful Links
No matter how big or small a retail business is, health and safety practices need to be stringent and in accordance with the current regulations as set out in numerous health and safety laws.
Compensation claims for accidents in Primark can be made by customers and by employees, as this guide to will go on to explain. Like most industries, there are health and safety concerns that are more likely to be an issue in the retail sector.
What follows is not an exhaustive list, but are the four top health and safety concerns shared by the Health and Safety Executive about retail in the UK at the current time;
- Slips and trips – common in all industries, slips and trips are by far the most prevalent cause of injuries to employees and customers. Slips can result from wet floors, for example, and trips can be the result of someone falling over hazards, such as boxes in an untidy storeroom or warehouse.
- Manual handling – from manoeuvring cages from the delivery truck into the warehouse, to lifting crates of products on the shop floor, there are all kinds of manual handling tasks in a retail business such as Primark. Staff need to be trained on how to not only lift correctly but to use equipment that aids in lifting and handling stock. When there is no equipment available or staff poorly trained, injuries can be the result leading to compensation manual handling accidents in Primark.
- Workplace transport – it can be a significant issue for companies where they build their retail units on out of town parks or estates, but traffic management is also part of their health and safety assessment. This includes the management of traffic on site, if this is appropriate, along with ensuring that any traffic areas are safe to use. It may be possible to make compensation claims for accidents in Primark car parks too, should they be poorly maintained and if they are the responsibility of the company.
- Violence – it is also possible for staff (and customers too) to be hurt as the result of violence in a store. Injuries are common for security guards and other staff, for example, who may attempt to stop thieves or during ‘big sale’ season. When there are many people in a confined space, conflict can result. Unfortunately, when people lash out, someone ends up hurt. In some cases, as well as physical injuries, there are impacts on psychological health too.
Accidents are not just confined to the shop floor. Staff could be hurt in accidents in the warehouse and stock rooms, as well as possibilities of accidents in the changing room area, at the tills and possibly outside of the building too. At Legal Expert, we help staff and customers to make no win, no fee Primark accident claims. But what do you need to know about making a claim for compensation?
A duty of care is defined as the moral or legal obligation to ensure the safety or well-being of others. Effectively, Primark has a duty of care to:
- Employees – as an employee, you assume that Primark will take all reasonable care to keep you safe and well whilst you are at work. Any equipment that you use should be fit for purpose and well maintained. But alongside, you should also be trained to work with key pieces of equipment, as well as in certain areas of the store. You should also be provided with a specific uniform, such as steel-toe-capped boots if you work in the warehouse. Where there is a failure or a breach of this duty of care and you are hurt as a result, it may be that you can claim compensation for an accident in Primark as an employee.
- Customers – as a customer, you too would have an expectation that when you visit their store, it is safe to do so. Where hazards do exist, you expect to be made aware of this risk so that you can take evasive action. You may also need instruction on how to use something safely, such as an escalator in store. What you don’t expect is to slip on a wet floor and break your wrist… Should this have happened to you, or another accident that you believed was as the result of negligence on the part of Primark, you too may have a claim for personal injury compensation.
At one time, there was a different level of duty of care dependent on who was visiting a building. For example, there was a difference in the duty of care that would be provided to guests of a hotel compared to other users, such as visiting workmen.
This was too complex and allowed for too many accidents to go uncompensated. And so, the Occupiers Liability Act 1957 placed everyone on a level playing field. The later Act of the same name from 1984, looks at the duty of care to a trespasser on a property.
The scope of the 1957 act outlines that the occupier of the building must make sure as much as is possible that the whoever is on the premises using them for the purpose they are meant for are as safe as possible.
What this means is, is that the building is fit for purpose and use, is well-maintained to a standard that makes it safe to not only visit there – that is, customers coming to buy products – and to work there.
In other words, it is not the owner of the building who is liable, but the tenant occupying it, an important distinction in some claims for accidents in Primark.
Accidents happen but that doesn’t mean that someone owes you compensation. For a personal injury compensation claim, your solicitor will need to prove that;
- Primark had a duty of care
- They breached this duty of care…
- … which resulted in you being hurt
There are times when Primark may have done everything possible to keep you safe and healthy but you didn’t meet your responsibilities. For example, working in the warehouse you should wear the steel toe cap boots they provide and a high visibility vest at all times. But, if you drop something heavy on your foot and are wearing flip flops, Primark would safely argue they are not liable for your accident.
However, it could be argued that you should not have been allowed to enter the warehouse in flip-flops…
There are many different kinds of accidents that can happen in Primark;
- Crushing – a small toddler spent days in hospital with a badly broken hand, the result of her hand being caught and trapped in lift doors. Unfortunately, it took another customer 15 minutes to release her hand suggesting that there was something wrong with the lift door mechanism. As soon as the sensors beams were broken by the object – the child’s hand – the doors should have opened, not closed.
- Falls – slips and trips are common but there have also been cases of falls in store that have dreadful consequences. In an accident some years ago, another small child suffered severe injuries after falling more than 100 feet from an escalator onto the concrete floor below.
- Lacerations – you wouldn’t think that lacerations (cuts) would be all that common in a store such as Primark but again, a child of 11 years old suffered a deep gash to her leg as the result of a display stand in one of Primark’s Irish stores falling onto her. If the stand had been properly maintained and didn’t present a health and safety risk of a very sharp object, she would not have been injured.
- Manual handling – as well as customers receiving injuries, staff can be injured too. For example, warehouse staff are exposed to all kinds of risks and hazards and unless properly protected, they could be injured. Manual handling includes lifting and using equipment such as forklift trucks. Staff must be trained (and complete refresher courses at regular intervals) in the safe operation of forklifts but crush injuries can result as a result of accidents in Primark
Slips, trips and falls are possibly the most prevalent type of accident, and not just in Primark. They can result in an array of painful injuries, some of which can take some time to heal. There are cases of people who have suffered s slip, trip or fall in Primark to have ‘nuisance’ injuries, that is living with pain or a dull, throbbing ache from time to time.
Health and safety is clear: slips, trips and falls can largely be prevented. For example, Primark stores operate across more than one-floor level. Larger city stores can have up to three floors of items and products.
As well as a lift, there are also escalators to move customer up a floor level, and down. For anyone who is infirm, moving escalators present a problem but for the vast majority of people, they are simple and easy to use.
However, they can be dangerous as in the case of the small toddler who fell 100 feet in a Primark store some years ago. The injuries were catastrophic and took the child a long time to recover from. As well as a broken leg and arm, she suffered internal injuries which cause significant concern when she was admitted to hospital.
Although the exact circumstances of the accident have not been made public, if the store was deemed negligent, the family of the child could claim compensation for an accident in Primark.
As we have seen, injuries from accidents vary;
- Crush injuries can result from forklift truck accidents in and around the warehouse, as well as falling displays
- Back injuries can be an issue for staff who lift, pull and push heavy loads around the warehouse and shop floor
- Internal injuries result when someone falls from a height and can be fatal
- Broken bones could result from some slipping or tripping and landing awkwardly
- Lacerations and soft tissue damage could be the end result of a display collapsing or toppling over on staff or customers
- Whiplash and shoulder injuries can also result from slipping and landing heavily on the floor
- Broken toes have also been reported by customers who, due to poorly maintained and an untidy shop floor, banged their foot against the edge of a display unit they were unable to see because of clothing etc. all over it; this may be a less common example but still, if the shop had been tidy, the accident and resulting injury would not have happened.
Whether you are a shop floor assistant, or someone working in the warehouse, Primark have a duty of care to employees, which includes ensuring you are safe while working for them. If, for some reason they do not give you all you need to do your job in a safe manner, whether it is training or protective equipment you need, and something happens to you as a consequence of this, then you could have cause to lodge a Primark accident at work claim.
It is important to understand that those people pursuing Primark accident at work claims are not putting their job at risk by doing so. The company will have in place insurance that would be used to fund any claim, and your job will not be put at risk as there is legal precedent there to protect you. Claims against employers are more common than many people think, and it is important to make your voice heard if your employer has made a mistake in keeping you safe, so that it does not happen in the future.
When an accident happens, it can be difficult knowing what to do for the best. But if you have been hurt in an accident in Primark;
- Take photos – if you can, take photos of the scene. Most of us own smartphones with an excellent camera so take shots of the accident site, as well as the area around it. Take photos of things that you consider relevant or even video it, such as loose handrail on a staircase etc.
- Witness details – if someone witnessed your accident, gather their contact details including name, address and contact phone number as their statement of what happened could prove invaluable.
- Seek medical help – sometimes, our injuries don’t seem all that bad at first. But when the adrenaline and shock of the accident have worn off, you will be amazed at how much something hurts! Seek medical advice.
- Write it down – as soon as you can, write down what happened, trying to recall and record as much information and detail as possible. Our memories have a habit of forgetting small details over time so don’t rely on it: write it down!
- Receipts – in most part, to claim compensation for an accident in Primark, you will be seeking monies for your injuries but, if you also feel that as a result of being hurt you are incurring costs that you wouldn’t normally, you may be able to claim these back too.
The basis of compensation claims for accidents in Primark is to put the injured person – the claimant – back to the financial position he or she would have been in had they not been injured.
It is composed of two parts;
- Compensation (also sometimes referred to as damages) for the effects of the injury – the Compensation Table gives an idea of how much compensation could be awarded for certain injuries.
- Compensation for the financial loss incurred – this element of the claim is sometimes known as special damages. This could be the costs incurred as a result of your injuries, such as having to take a taxi to medical appointments as you are unable to drive.
As part of no win, no fee Primark accident claims, we ensure that all our clients are given the right information relating to their claims.
The Compensation Table gives an idea of what some injuries can attract in terms of compensation awards. What you can claim will depend on the particulars of your case and thus, this table is a guide only to the amounts that could be awarded in compensation claims for accidents in Primark;
|Minor injuries||Up to an additional £525||Some injuries may be acute and initially very painful but could heal within 7 days. There may also be residual psychological effects such as anxiety. This is not a separate category but used in addition to compensation for a specific injury.|
|Moderate toe injuries||Up to £7,300||As a result of a heavy object falling on the foot or a crush injury. May include surgery and/or prolonged minor symptoms.|
|Broken ankle||Up to £10,450||A possible injury sustained as a result of a fall. A minor fracture but with ongoing symptoms, including scarring from surgery etc.|
|Simple broken wrist||£2,675 to £3,600||An often sustained injury from a slip. An uncomplicated fracture that has healed well.|
|Elbow injury||£14,600 to £29,800||By definition, this kind of injury is painful and although it may heal completely, the recovery time can be long.|
For many people hurt in an accident in Primark that was not their fault, their main concern alongside recovery is how they will pay to make a personal injury claim against the company. If they lose their case, for example, how will they pay legal costs?
Thankfully, there is an answer in the form of no win, no fee Primark accident claims. But here’s the rub: not all no win, no fee solicitors offer the same great agreement as that of Legal Expert.
At Legal Expert, we offer 100% no win, no fee claims. What this means is, should your case be unsuccessful, you don’t pay us a penny. Some solicitors will charge legal costs in the event you don’t win your case.
But with Legal Expert, you are not taking a financial gamble at a time when you can ill afford to do so.
Our expert team will take a close look at your case and will determine three important key pieces of information:
- Did Primark have a duty of care to you, either as a customer or an employee?
- If so, did Primark breach this duty of care?
- And finally, were your injuries as a result of the failure of their care towards you?
This is known as establishing liability. We look at what the law says, we look at what witnesses to your accident day, as well as your own account of things including the photos and video we talked about in an earlier part of our comprehensive guide to Primark accident claims.
We are a trusted and experienced company with a reputation for going above and beyond in helping our clients to successfully manage their compensation claims for accidents in Primark – and in other places too.
Our panel of solicitors are specialists in personal injury claims, and we have a solicitor who will have specialist knowledge and experience of working with a claim like yours. And of course, on top of that promise, you can be confident in the knowledge that if you don’t win your case, you won’t pay us a single penny.
For more information, to discuss your possible claim further or to make a claim for your Primark accident, call us on 0800 073 8804 or use the online contact form. We are here 7 days a week from 9 am to 9 pm.
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