Accidents in Shops
Accidents in shops happen for many reasons – some out of the control of the shops themselves – but when an accident occurs in a shop which could have been prevented with greater care by the shopkeeper or his/her staff, and you sustain an injury as a result, you should be entitled to claim compensation for an injury in a shop. The important procedure after sustaining injuries in accidents in shops is to make your health a priority. You should always attend your doctor´s surgery or the A&E department of your local hospital after accidents in shops – rather than rely on First Aid or tending to your injuries when you get home. It is important that your injuries are treated and properly documented at the first possible opportunity to ensure that liability for your accident is not complicated by your own contributory negligence. Once you have sought professional medical attention, it is in your best interests to discuss claiming compensation for accidents in shops with an experienced solicitor on our Supermarket Claims Service and receive a free assessment of your shop accident compensation claim.
A woman was injured by a falling sign at a shoe shop has had her shop sign accident compensation claim resolved in court.
Court at Bournemouth and Poole County were advised how the claimant in question, Ms Benham, was walking along the street past the tReds shoe shop in Old Christchurch Street, Bournemouth, in October 2010, when the metal 15 feet long shop sign fell from the fascia and bashed her on her head.
The sixty-one year-old woman was at first medically treated at the scene of her accident by emergency services after a witness to her accident called 999, and was then brought to hospital where she was diagnosed with a blunt closed head injury.
Once Ms Benham had recovered from her initial trauma, she sought legal guidance and made a compensation claim for a shop sign accident against tReds – alleging that not only had she suffered a head injury due to their alleged neglect in establishing or maintaining a proper system of periodical maintenance or inspection of the sign in question, but had also suffered from anxiety throughout the subsequent year.
The propietors of the shoe shop – Treds LLP – contested the shop sign injury claim and did not accept their liability for Ms Benham’s injuries, commenting that they regularly carried out visual inspections of the store sign. As no acceptable resolution of Ms Benham’s shop sign accident claim was possible by negotiation, court proceedings were issued against Treds LLP.
At Bournemouth and Poole County Court, Ms Benham’s solicitors showed evidence to prove that the shop sign had fallen because the wooden fascia to which it was linked had become rotten and tReds carried out a limited system of inspection from the ground which was not sufficient to identify the rot that was present in the wooden fascia board. Finding on behalf of the claimant, Judge Maston awarded Ms Benham £1,800 compensation for her shop sign accident.
A Irish schoolgirl, who suffered lacerations and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in compensation after her injury compensation for a shop accident claim was approved in court.
Jade Earls, aged 11, had been shopping with her mother in the Dunnes Stores at Cornelscourt in Dublin when the incident occurred in July 2010. As Jade passed a stand for cakes, she caught her leg on some rusty nails which were protruding from the support for the stand.
Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade suffered a large laceration in the accident and, although both had healed properly, Jade had been left with a permanent scar on her left leg.
After taking legal guidance from solicitors, Jade filed a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court was told that the two defendants had accepted liability on a 60&40 basis and that an offer of compensation had been offered.
Judge Mahon heard that the offer of injury accident compensation for a shop accident claim amounted to 12,000 Euros including costs and, as the family were prepared to accept the offer, he approved the settlement.
A customer, who fell on a discarded baby wipe in the Dublin branch of Argos and injured his shoulder when he fell, has been awarded 17,500 Euros in compensation for an injury in Argos at the Circuit Civil Court.
Declan Conroy had been shopping at the Ilac Centre branch of Argos on Henry Street in May 2008 when his injury was suffered. While in the queue for the counter to order a lawnmower for his mother, he fell on a discarded baby wipe and fell – injuring his shoulder in the process.
Once he had been given medical attention, Declan filed a compensation claim for an injury in Argos against the store – alleging that their system of monitoring the store for potential slipping hazards was inadequate and he had suffered an injury as a consequence.
Argos refused to admit liability for Declan´s injury; claiming that CCTV footage showed the presence of the baby wipe just six minutes before Declan´s incident and contending that employees could not possibly be required to constantly monitor the floor for slip hazards in a historically low-risk store.
When the claim was heard in court, Judge Jacqueline Linnane heard a forensic witness – speaking on Declan´s behalf – testify that, because of the extra footfall in the queuing area, a greater level of watchfulness should be applied. It was also revealed in court that five minutes before the baby wipe was first seen on camera, CCTV footage recorded a woman pushing a baby buggy through the area where Declan slipped.
Judge Jacqueline Linnane ascertained that, on the balance of probabilities, it was the woman with the baby buggy who was to blame for dropping the baby wipe and, as more than ten minutes would have passed between the baby wipe being present on the floor and Declan sustaining his shoulder injury, she was finding Argos liable. She awarded Declan 17,500 Euros compensation for an accidental injury in Argos injury plus costs.
A court in Leicester has told how an elderly pensioner was paid an undisclosed amount of Tesco compensation for leg injury after she was hit by a pallet trolley in her local store.
The formal hearing, which was called to determine the severity of the health and safety fine after Tescos accepted liability for the injury, heard how Angela Pownell (80) from Beaumont Leys, Leicestershire, had been struck on the leg by the pallet trolley while shopping with her husband in August 2009.
District Judge John Temperley heard the impact of the pallet trolley – which was heavily loaded with boxes of televisions – had torn strips of skin away from Angela´s leg and she was rushed to Leicester Royal Infirmary where she received stitches and painkillers for her injuries.
The court was told that a district nurse was needed to visit to change Angela´s dressing daily after the incident in Tescos, and that she suffered psychological injuries thereafter. Angela´s husband, John, testified that Angela lost her confidence after the injury and would not go anywhere in public without holding somebody else´s hand.
Angela and John had accepted an undisclosed Tescos compensation for leg injury settlement and, after hearing that the warehouseman who had been pulling the pallet truck at the time admitted that he had not seen Angela, District Judge John Temperley fined Tescos 20,000 pounds and ordered them to pay 24,500 pounds in costs.
A former Tesco worker, who made an injury claim for compensation after crushing her hand at the company´s store in Duloch Park, Fife, has had her claim settled out of court for an undisclosed amount.
Shona Foreman made the Tesco employee injury accident claim after her hand was crushed between two metal cages during a delivery at the store in 2006. The accident occurred as Shona was helping with a delivery and, due to the restricted space available, moved to one side to allow an employee through.
The space that Shona was left was insufficient, and the cage being pushed by her co-worker crashed into her own, crushing her hand between the two. The mother of one from Alloa in Clackmannanshire was taken to hospital by her manager, where she was diagnosed with nerve damage and a soft tissue injury.
Shona went back to work the following week and, despite having her hand in a plaster cast, was allocated a job on the checkout, where she was expected to lift customer´s shopping and aggravated her injury due to this. Shona eventually departed her job at Tesco following a warning about the amount of time she was taking off of work due to her injury.
After taking legal guidance, Shona made a Tesco employee injury accident claim – claiming that the working practices at the Tesco store in Duloch Park had been to blame for her original injury and that the injury which Tesco were responsible for was then exacerbated by the company´s lack of care for her condition.
Tesco denied responsibility for Shona´s Tesco employee injury accident claim but, just before the case was due to be heard in court, accepted liability for her injuries and offered an undisclosed offer of compensation in settlement of Shona´s Tesco employee injury claim, which Shona accepted after advice from her solicitor.
A pensioner from Worcestershire, who broke a bone in his foot after he fell on a wet floor in Tesco, has been awarded an undisclosed four-figure settlement for his Tesco wet floor injury claim.
Ronald Fryer (80) from Whittington in Worcestershire was going into the Tesco store in St. Peter´s Drive, Worcester in October 2009, when he slipped on a wet floor by the entrance to the shop.
The retired cricket umpire was taken to the Worcestershire Royal Hospital where X-rays revealed that Ronald had broken a metatarsal bone in his foot.
After recuperating from his injury, Ronald sought legal guidance and established that he was eligible to make a Tesco wet floor injury claim due to a breach in Tesco´s duty of care towards its customers.
After lengthy negotiations over how much compensation for slipping on a wet floor in Tesco Ronald should be entitled to, the company made a four-figure offer in settlement of Ronald´s Tesco wet floor injury claim which he was advised to take.
A second major personal injury compensation claim for a slip and fall in Asda´s Rivergate store has been settled for an undisclosed sum.
The store made the news for the wrong reasons in June this year, when Peterborough County Court found in favour of Thomas Wardle and awarded him 10,500 pounds after he injured his back when slipping on a grape.
This time the victim was 74-year-old Patricia Hill of Orton Goldhay, who damaged her knee and ankle after slipping on vegetables in a non-fruit and vegetable isle while shopping in May 2008. Mrs Hill was found to have a closed break of the tibial plateau on arrival at Peterborough General Hospital and had to stay in hospital for 5 days.
Three years of treatment subsequently, Mrs Hill still suffers pain in her knee and ankle, and doctors have told her that she is likely to need knee replacement surgery in the near future and has a 50 per cent chance of developing osteoarthritis. Mrs Hill has no family living near her in Peterborough, and has had to rely on friends and hired help to help her with household and personal chores during her rehabilitation.
Asda agreed to a “substantial” out-of-court settlement, the specific details of which Mrs Hill did not wish to reveal, but the same supermarket store has a third slip and fall injury claim to contend with which is due to be heard in Peterborough County Court later this year.
A grandmother, who fell on a Christmas tree decoration and broke her thigh bone while accompanying her grandchildren to see Santa at Selfridges, has won her claim for broken femur injury compensation.
Joan Dufosse, aged 73, from Southampton, Hampshire, was visiting the London store with her son, daughter-in-law and two grandchildren when the accident happened in November 2009. After seeing the children meeting Santa, the family were about to have a photograph taken when Joan was told by an elf to step back and towards a corner.
As she did so, Joan fell on a Christmas tree ornament which had dropped from the tree and fell to the ground. She was taken to hospital where she was diagnosed with a broken thigh bone and had to have surgery to plate and screw the break which, two years later, is yet to fully heal.
Joan made a claim for broken femur injury compensation against the company in charge of running the Grotto – Melbry Events Ltd – and at London´s Civil Appeal Court Lord Justice Rix allowed the compensation claim, saying that Santa or the elf should have seen the Christmas tree ornament. He also dismissed a counter claim that Joan was partly at fault for not spotting the hazard herself.
A final compensation settlement for Joan´s accident in Selfridges is yet to be agreed, but is thought to be in the region of 30,000 pounds. If no negotiated settlement can be found, Joan will have to return to the Civil Appeal Court in 2012.
The Food Standards Agency is investigating watermelon salmonella claims following the death of one person and thirty other reported cases of food poisoning in the UK.
Other similar cases of illness have also been reported in Germany and the Republic of Ireland, and officials at the Health Protection Agency are treating the outbreak of salmonella poisoning with particular caution – issuing advice to wash all fruit and vegetables thoroughly before eating them.
The origin of the salmonella contaminated watermelons has not yet been firmly established, but they are thought to come from a food preparation unit in Brazil; where the watermelons may have been washed in unclean water or cut with a contaminated knife. Of the thirty people known to have contracted the “Salmonella Newton” strain of salmonella, fifteen have confirmed that they had eaten watermelon within the preceding week.
The watermelon salmonella claims victims suffer in similar ways to other strains of food poisoning, with victims suffering from diarrhoea, vomiting, fever and abdominal pains which last from four to seven days. Some individuals will need a course of antibiotics to prevent complications such as septicaemia and infection, and people recognising the early symptoms of food poisoning are advised to seek medical attention immediately.
Subject to the specific medical prognosis, it will be possible for salmonella in watermelon claims for compensation to be made against the retail outlets to blame for selling the contaminated watermelons. This is most likely to be snack kiosks or smaller shops with self-service fridges rather than the larger supermarkets, although some cafes and restaurants may also be at risk if they have served the contaminated watermelons on their premises.
In order to help with determining liability and the preparation of injury compensation claims, those suffering from salmonella in watermelon food poisoning are being advised to speak with a solicitor at the earliest possible opportunity.
A woman, who suffered shoulder and hip injuries when slipping on the access bridge to a Leicestershire shopping centre, has won a compensation settlement for falling on wet floor in a shopping centre against the owners of the site.
Gweneth Bowler was at the Highcross Shopping Centre in Leicester with her daughter when the incident occured in January 2011. The 64-year old grandmother was crossing a covered walkway which joins the shopping centre car park with the other shops, when she slipped on a wet surface and fractured her right shoulder and hip in the fall.
While recovering from her injuries, Gweneth wrote to Leicester City Council about the danger, leading the council to initiate a health and safety inspection. The inspection showed many areas where the owners of the premises – Hammerson PLC – were negligent in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather.
After taking legal counsel, Gweneth registered a claim for slips, trips and falls compensation against Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed amount.