I’m going to split this one in to two parts – the first is if you are an employee who has been injured by a roll cage when working in a supermarket, and the second is if you are a customer injured by a roll cage in a supermarket.
As an Employee of the Supermarket
If you work for a supermarket and you are injured because of a roll cage, you may be able to claim for personal injury compensation from your employer’s liability insurance. Depending on the circumstances will depend on whether you have a claim.
If the roll cage is defective, you should have a strong claim for compensation. If a cage is broken, and say a wheel falls off and it tips on to you, or it collapses and stock hits you, we can apply Regulation 5 of The Provision and Use of Work Equipment Regulations 1998 to our arguments.
Part 1 states that:
Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
This important piece of legislation is key to winning a claim for personal injury compensation. The term “shall ensure” can impose a strict liability on your employer. This means that, even if they couldn’t have prevented the cage from breaking, the fact that it has broken and became defected and caused an injury means they are responsible. Even if they inspect it every single day and it was fine before you used it, if it breaks and you didn’t cause the break, you have a strong claim for compensation.
Another common example at work is if a colleague dangerously stocks a cage and causes an accident, or perhaps runs in to you because they were not looking properly. Here we can apply the argument of “vicarious liability” which means that the negligence of an employee falls on their employer. So again, you have a strong claim for compensation.
As a Customer at a Supermarket
If you are a customer, normally you wouldn’t have much interaction with roll cages. But the common examples are an employee of the supermarket hitting you with a cage, or stock falling from a cage when you are walking past. In both of these scenarios you could have a strong claim for compensation. We can apply the vicarious liability argument as a customer as well – the negligence of an employee falls on an employer.
Ultimately your chances of success with this kind of accident are fairly good. To find out more, just call 0800 634 7575 today.
