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Archives

supermarket claims

Supermarkets can be like obstacle courses sometimes – what with cages, boxes and staff everywhere you turn! So what happens if one of these obstacles unfortunately causes you to have a nasty fall and consequently injure yourself? The answer – you are entitled to claim for compensation!

I am not going to pretend that these are the easiest cases we deal with here at The Injury Lawyers, as that simply would not be true. These cases come under something called the Occupier’s liability Act which means that the occupier of any premises has to ensure that the area is safe for lawful visitors. Leaving boxes hanging around in the aisles certainly does not appear to adhere to this principle.
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accidents on stairs injury claimsAlthough we use stairs all the time and they are in nearly every property, be it your home, at work, your local store or restaurant, unfortunately they can sometimes be the cause of some pretty nasty accidents and injuries! Accidents on stairs can happen for a number of reasons and therefore in this blog I will address 3 of the main types of accidents that we deal with every day involving stairs:

  1. Defective stairs
  2. Slips and Trips on indoor staircases
  3. Slips and Trips on outdoor staircases

1. Defective stairs

The manufacturer or fitter of any stairs has an obligation to ensure that the stairs are free from defects and fitted properly to minimise the risk of any injury to their users. For example: the stairs should not have any protruding fixtures such as nails, they shouldn’t be all bumpy and uneven and they certainly shouldn’t wobble when people walk on them (this latter one mainly applies to metal and wooden staircases not concrete that stuff is pretty sturdy!). Another defect that may not be noticeable straight away is if the step has been created to be too high! Statistically if a step is just 1 inch of the common measurement more people are more likely to fall. If you have an accident because one of the above is present it is likely that you may be able to claim against either the manufacturer, company that have fitted the stairs in the property or even possibly your landlord.
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wet floor claimsHere at The Injury Lawyers we deal with many claims whereby people have sustained injury as a result of slipping on a wet floor. This most commonly occurs on premises such as supermarkets, shops, restaurants, bars, and clubs, as examples. You could slip on a wet floor whilst at work or whilst out doing your shopping. A wet floor is a hazard and whoever is responsible for the land or premises in question (the occupier) may be negligent and have to pay compensation to injured victims.

When floors are cleaned such as in a supermarket or shop, a wet floor sign should be deployed and displayed prominently. Displaying a clearly visible wet floor sign could be enough for the supermarket or shop to escape liability if someone slips and sustains injury.

If a wet floor sign is not erected and a person slips, sustaining injury, then it will be very difficult for the occupier to escape liability. A wet floor sign should always be erected after floor cleaning to warn people of the danger.
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need a supermarket claims expert? call us now.It’s fairly safe to say that in this modern age of consumerism and convenience shopping that we all have a local supermarket and whether you enjoy your weekly shop or have to be dragged down the aisles kicking and screaming they are pretty much unavoidable.

But what if your shopping trip is more than mundane? What if something terrible should happen and you get injured whilst in the supermarket? What happens then?

Well like most occupiers of premises, supermarkets have responsibilities to the people that enter and use them. This means that if you are in the middle of your shopping trip and have an accident which causes you an injury then you could have a claim.

You might wonder what the worst thing that could possibly happen is. Well, the most common type of accidents in supermarkets are slips and trips but that’s not to say that other dangers don’t await you. Unseen liquids leaking on to the floor, uncovered stands for displays sticking out in to aisles and even the humble grape has been the downfall of the casual shopper.
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need a supermarket claims expert? call us now.Personal Injury Solicitors cover many different types of personal injury claims. One common occurrence is injuries in the supermarket. I don’t think anyone expects to be injured while they’re out doing their shopping but accidents in supermarkets are more common than people think.

There are many dangers in the supermarket. People could sustain injury as a result of items falling off shelves or they could slip on spillages on the floor. Supermarkets can get very busy at peak times and so many shopping trolleys, people and items in the same store can increase the chances of an accident occurring. There are also staff stacking the shelves and pushing large trolleys around the store. Accidents can occur if people collide with shopping trolleys or if people trip over them. There are many potential accidents that can occur in the supermarket. No wonder I avoid shopping at peak times.

The supermarket has a duty to ensure that their premises are reasonably safe. Basic measures can be taken to keep supermarkets as safe as possible such as stacking bulky or heavy items on lower shelves and cleaning up spillages as soon as possible as well as displaying a warning sign.
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fall compensation claimsPersonal injury claims can be a necessity, especially when the injury sustained has resulted in a number of consequential losses such as loss of earnings, medical expenses and treatment costs. So how much can you look to receive when claiming for an injury resulting from a fall?

This is impossible to say at the beginning of the claim – and the main reason for this is that there are many different factors that will affect your settlement and this is why it is so difficult for anyone to ever give a definitive sum. One of the main factors is the medical evidence gathered to support your claim as this is mainly what a settlement will be calculated on.

In this medical report something called a “prognosis period” is given – this gives a time frame of how long you are going to be affected by the injury you have sustained. It is always advisable not to settle your claim until this time period has passed, as you may run the risk of under settling your claim. Your personal injury solicitor should continue to support you throughout this period, logging the progress of your injury and arranging any medical treatment you require. If at the end of this period you are still suffering it may be necessary to arrange another medical appointment which will provide a second prognosis period.
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Slipping accidents are one of the most common types of accidents giving rise to a claim for personal injury. Unfortunately people can and do sustain nasty injuries as a result of slipping on wet floors. Such accidents more commonly happen in supermarkets or local shops. When you are in a shop, for example, then the shop or the owner of the shop has a duty to keep you reasonably safe and free from harm. Potential hazards should be brought to your attention. One such hazard is a wet floor.

If a floor becomes wet and dangerous, whether it is from people walking in rain water or whether it is from a spillage of some kind, action should be taken by the store as soon as possible. I know that in big supermarkets the procedure is that a member of staff stands next to the spillage while another member of staff goes to get a mop and bucket in order to clean up the floor and remove the danger.

I know this as I used to work in a supermarket and have witnessed the same happening when shopping myself. If the hazard cannot be rectified then a wet floor sign should be clearly displayed to warn of the danger. Obviously in the case of a spillage it would be prudent to clean up the spillage with a mob and bucket and to then display a wet floor sign until the floor is dry and the danger is gone.
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Supermarkets can be dangerous places – so it would seem by the number of personal injury claims brought as a result of accidents in supermarkets. Not wanting to put people off going to the supermarket, accidents can happen anywhere at any place or time – not just in supermarkets.

Due to the number of people in a supermarkets and the number of potential hazards, accidents are bound to happen on occasion. So what type of accidents can happen in a supermarket?

The most obvious type of accident in a supermarket is when people slip on something that has been left on the floor. Perhaps something has been spilt on the floor such as a liquid drink or some other product which causes a slipping hazard for unsuspecting shoppers. Obviously as soon as a spill occurs the store should bring people’s attention to the hazard, by erecting a wet floor sign for example. However if no wet floor sign is erected then it is likely that shoppers are not aware of the hazard and in this scenario it could be difficult for the store to escape liability if they can prove their systems of inspection are up to standards.
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If you have sustained injury at work within the last 3 years then you may be entitled to make a claim for compensation.

If you sustained an injury in terms of an industrial disease, then you may be able to claim notwithstanding the 3 year rule. If you have sustained an injury at work then you should contact a Solicitor as soon as possible to see if you have a claim. In terms of general workplace accidents there is normally a 3 year limitation period in which you must issue Court Proceedings or settle your claim within 3 years of the date of the accident; otherwise you may lose your right to claim compensation.

In some cases such as for industrial diseases (for example vibration white finger and industrial deafness) the limitation period is somewhat different as, at the time, you may not have been aware that you sustained injury. A good example is with deafness; at the time of exposure to loud noise you may not notice a hearing deficiency, but later in life you may find that your hearing is not as good as it should be. In this scenario your hearing has been damaged by noise exposure and has meant that you experience hearing difficulties in advance of when otherwise expected.
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Tripping accident claims are probably one of the most common types of claims that personal injury Lawyers deal with.

We often see defects in the pavement and if such a defect causes you to trip and sustain injury, then it is your right to bring a claim for compensation. These claims have received a substantial amount of bad press but that should not prevent people from bringing a genuine claim. I guess the main difficulty is filtering out fraudulent claims but this applies to all claims, not just tripping claims.

In the past certain roads have become notorious as multiple claims have been made against the respective Council for accidents occurring on the same road. This can raise eyebrows as the respective Council would usually repair the defect and it appears more than coincidence when you are talking about a number of claims on the same area of pavement etc. Notwithstanding the above, a person should not be discouraged from bringing a genuine claim.
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