Compensation claims for slipping on spilled mayonnaise in a supermarket can be complicated. The purpose of this guide is to educate you about the legal terms you may come across and to help you determine if you are entitled to make a compensation claim. However it is important to remember that this guide is no substitute for seeking professional legal advice from a personal injury solicitor.
Please bear in mind that not every accident in a supermarket results in a compensation claim and, in order for you to successfully claim compensation for slipping on spilled mayonnaise in a supermarket, you must show that the store was negligent which resulted in you sustaining an injury. It is unlikely the supermarket will freely admit to this considering the damage it could potentially do to their customer service record.
Nonetheless, if an accident has occurred and you have sustained an injury due to slipping on spilled mayonnaise, and it has been caused by an oversight or lack of care on behalf of the supermarket staff; you should be eligible to make a supermarket injury compensation claim.
Who is to Blame for the Accident?
Sometimes an accident in a supermarket which results in an injury is simply unavoidable. If the contents of jar of mayonnaise had fallen onto the ground from a shopper´s trolley immediately in front of you – and you slipped – breaking your arm as you tried to stop your fall; it is unlikely your compensation claim would be successful. Although there is no doubt that if you sustain an injury the supermarket will do everything in their power to make you as comfortable as possible and call for an ambulance to take you to hospital.
However, if the mayonnaise spillage had been on the floor for a significant amount of time before you slipped, it may be possible to make a compensation claim. This is due to the fact that the shop may have been negligent in their duty of care to provide customers with a safe environment to shop in, although you would still need to provide additional evidence to substantiate your claim.
Health Concerns after an Accident in a Supermarket
Should you suffer an injury after slipping on mayonnaise in a supermarket, your first concern must be your health. Fortunately most slips, trips and falls in a supermarket are not serious, and although you cannot make a compensation claim for slipping in a supermarket if you are not injured, you should still have a precautionary medical examination after the accident to be sure your health has not been affected in any way.
Symptoms of injuries suffered in a supermarket fall may not be noticed for several days or even weeks, but it is best advised to seek immediate medical attention for the sake of your health and to eliminate claims of contributory negligence – where you have allowed your injury to deteriorate before seeking medical attention – thus adversely affecting your condition by your own lack of care.
No amount of compensation for slipping on spilled mayonnaise in a supermarket will make up for a lifelong injury which could have been prevented by seeking prompt medical intervention. Therefore, if it is not considered necessary to summon an ambulance for your injuries, you should visit the Accident and Emergency department of your local hospital or make an emergency appointment to see your GP without delay.
Making a Compensation Claim for Slipping in a Supermaket
Once your injuries have been treated, you should make a record of your accident in the supermarket’s “Accident Report Book”. It is important to attempt to make your report as comprehensive as possible, including details — if you have them — of witnesses who saw your accident. Retain a copy of the report for your own records and give it to your solicitor when making a supermarket injury compensation claim.
It is probable that the supermarket will conduct their own investigation into the circumstances surrounding your accident and – in the event of serious injury – the Health and Safety Executive might also inspect the store. The result of their inspection may be used to substantiate any compensation claim for slipping in a supermarket.
After making a report about your fall in the supermarket you may find that you are approached directly by the store or their public liability insurers with an offer of compensation for your injuries. Before making a decision about their offer you should wait until you have received a full assessment of your injuries and the potential amount of compensation you may be entitled to from a personal injury solicitor; otherwise you risk being undercompensated for your injuries.
What is included in Supermarket Injury Compensation?
A personal injury solicitor would take into account a number of elements when assessing a compensation claim for slipping in a supermarket. The primary factor would be the severity of the injury you have suffered and the length of time you may take to recover from the injury sustained in your supermarket fall. Any “loss of amenity” that you experience would also be integrated into your claim for compensation for slipping on spilled mayonnaise in a supermarket. Loss of Amenity would apply if you were unable —due to your injury – to participate in activities and hobbies that you would have normally taken part in.
In your compensation claim for slipping in a supermarket, you may also be able to include damages for any psychological injury you have suffered. Although being embarrassed by your supermarket fall may not make you eligible to claim compensation for emotional trauma, suffering from depression or anxiety due to immobility while you recover from your injury may; provided that the psychological injury is quantifiable and verified by a qualified psychiatrist.
You are also entitled to recover any expenses you have incurred due to your slip in the supermarket once you can provide proof of receipts and other documentary evidence to support your claim. Financial costs which can be included in a compensation claim for slipping in a supermarket include medical expenses, loss of earnings and alternative travel arrangements if you are unable to drive, as well as any legal costs associated with pursuing a compensation claim.
Contributory Negligence in a Compensation Claim for Slipping in a Supermarket
As mentioned earlier, contributory negligence is a legal term used to describe situations where you have been negligent and have contributed to your own injury or accident. If the supermarket contests your compensation claim it may argue that the slip would have been avoided had the claimant exercised ‘reasonable care’.
However the argument of ‘reasonable care’ should not apply when claiming compensation for slipping on spilled mayonnaise in a supermarket – as the store would therefore be admitting that they do not try to make the goods on their shelves as attractive as possible to get the shopper´s attention – there are other areas of contributory negligence which may reduce the value of your claim.
For example, as mentioned already, failing to seek immediate medical attention could be viewed as contributory negligence, as well as a situation where a claimant has been injured after climbing a shelf to reach an item — rather than wait for the help of shop staff — can also be viewed as contributing to an accident in a supermarket due to a lack of consideration for your own well-being.
Compensation Offer for your Supermarket Injury Compensation Claim
It was also mentioned above that you should be very wary of any early offers of compensation from the supermarket’s insurers or the store itself for your injury, as it is unlikely they have your best interests at heart. Insurance companies are eager to reduce the cost of premiums to major companies such as supermarket chains, and this is not possible without making savings elsewhere. Therefore, the insurance company will try to get you to accept a reduced offer of compensation in return for an early settlement whenever they are sure they are liable for negligence.
An immediate cash payment may be welcome if you are unable to work and are worried about your finances; however, accepting such an offer may leave you in a precarious financial position in future – should the offer be less than you require for medical treatment or to support your family – as you will not be able to ask the supermarket for more compensation.
Your personal injury solicitor will make a full assessment of your compensation claim for slipping on spilled mayonnaise in a supermarket to ensure you receive an adequate and fair settlement. The insurance company representing the supermarket will not dedicate the same resources to investigating your claim; therefore it has to be assumed that they are taking a wild guess at what your injuries are worth.
You should also be aware that today all supermarkets are fitted with CCTV cameras for security purposes and therefore your accident may have been captured on camera. If this is the case, the insurance company will be fully aware that their client is responsible for your injuries (or else they would not have made the offer). An early offer should be viewed in a positive light and, while you should never accept it without consulting with your personal injury solicitor first, a direct and unsolicited offer shows the supermarket admit liability for your injury and that their insurance company will be open to negotiations with your solicitor.
Speak with a Solicitor about your Compensation Claim for Slipping In a Supermarket
Some people may believe that their supermarket injury compensation claim is trivial or that they are wasting a solicitor´s time by asking questions about it, however the approach by an insurance company is only one of the reasons why you should speak with a solicitor about your claim for compensation for slipping on spilled mayonnaise in a supermarket. An accident in a supermarket where a child has been injured, or a situation where you have recently been diagnosed with an injury related to an accident in a supermarket in the past, will mean that a different process must be followed with possibly a very different outcome.
Please remember that no two supermarket injury compensation claims are the same, so it is important that you seek professional legal advice to determine if you are eligible to claim compensation for slipping on spilled mayonnaise in a supermarket, and to determine the amount of compensation you should be entitled to. Let your solicitor be the judge of whether your injury claim is trivial or whether you are justified in making a supermarket injury compensation claim.