If you have broken your ankle because you suffered an accident in a supermarket, you may claim personal injury compensation if you can prove that another party was at fault. That is, you may be able to sue the company which owns the supermarket where you were injured, if they have been negligent with regard to your health and safety. For example you may have slipped on a spillage that had been left unattended; or you may have tripped over packaging left in an aisle.
The company that owns the supermarket is obliged to hold occupier’s liability insurance, to comply with The Occupier’s Liability Act 1957, and it would be the insurer who would pay you in the event of a successful claim. An Occupier is anyone who owns or occupies premises, or has a 'sufficient degree of control' over an area.
Consequently the occupier is responsible for ensuring the safety of those premises or that area, for other people. The definition of Premises, for the purposes of the Act, can mean the land and any structure upon that land owned or occupied by the Occupier; such as the store itself and the store car-park.
The best course of action would be to consult a personal injury solicitor about your supermarket injury without delay, as there is generally a three-year time-limitation in which to make a personal injury claim. It would aid your claim if you have reported the accident to the staff at the supermarket, and made sure that they record your ankle injury in their accident book.
Additionally, you could ask for the names and addresses of any witnesses, and take photographs of the accident site. You may be able to claim compensation for loss of wages and extra medical bills, as well as recompense for your pain and suffering; so you should keep any relevant receipts. You should also seek medical attention as soon as possible.
Legal aid is not available for personal injury claims; however, your solicitor may offer a no-win, no-fee agreement. This means you would not have to pay legal fees, should you lose your claim. Generally, the losing side in a court case will be ordered to pay the cost of the winning side. Therefore, you should discuss the precise terms of a no-win, no-fee agreement with you solicitor in advance.
- Last Updated on 04/10/2011
