Unsafe areas, wet floors and poorly maintained premises can lead to serious injuries. If reasonable safety precautions were not taken, the circumstances of your accident may give rise to a compensation claim.
Shops, supermarkets and other retail premises have a responsibility to take reasonable steps to keep visitors safe. Unfortunately, accidents can still happen when floors are wet, walkways are obstructed, stairs or flooring are damaged, or hazards are not properly managed.
If you have been injured in a shop because of potentially unsafe conditions, you may be able to pursue a personal injury compensation claim, depending on how the accident occurred and whether there was a failure to take reasonable care.
What Responsibilities Do Shops Have?
Under the Occupiers’ Liability Act 1957, an occupier of premises owes visitors a “common duty of care”. In broad terms, this means taking reasonable care in the circumstances to ensure that visitors are reasonably safe while using the premises for the purposes for which they are invited or permitted to be there.
This does not mean that a shop is automatically liable whenever somebody has an accident. The circumstances must be considered, including the nature of the hazard, whether the business knew or reasonably should have known about it, and what precautions were taken.
Wet Floors and Spillages Can Create Risks
Slips and trips are particularly relevant in retail environments. The Health and Safety Executive (HSE) identifies wet floors, spillages and floors in poor condition among common causes of slip and trip accidents.
HSE guidance states that retailers should assess slip and trip risks and take reasonable precautions. Spillages should be dealt with promptly, while damaged flooring should be identified and appropriate measures taken to keep people away from the hazard where possible.
Warning signs can be important, but simply placing a sign near a hazard will not necessarily resolve every safety issue. The effectiveness of the precautions taken will depend on the particular circumstances.
What Should You Do After an Accident?
If you are injured in a shop, report the accident to a manager or member of staff as soon as possible and ask for the incident to be formally recorded.
If you can do so safely, take photographs or videos showing the location and the condition that contributed to your accident. For example, photograph a wet floor, damaged step, loose flooring or obstruction before it is removed or repaired.
Obtain the names and contact details of any witnesses and keep copies of medical records relating to your injury. Receipts, evidence of lost earnings and records of other accident-related expenses should also be retained.
It may also be important to identify whether CCTV footage exists. Seeking advice promptly can help determine what evidence may be relevant and what steps should be taken to preserve it.
Understand Your Legal Rights
Whether you can claim compensation will depend on the specific facts of your case. Establishing that an accident happened is not necessarily enough; questions of duty of care, breach, causation and the resulting injury or financial loss may need to be considered.
Miya Solicitors provides professional legal support if you have been injured as a result of potential negligence in a shop or other public premises, helping you understand your rights and assess your options for pursuing compensation.
Sources:
Health and Safety Executive (HSE) – Slips and Trips in Retail:
https://www.hse.gov.uk/retail/slips-and-trips.htm
UK Legislation – Occupiers’ Liability Act 1957:
https://www.legislation.gov.uk/ukpga/Eliz2/5-6/31
