Free Supermarket Accident Claim Assessment Free Supermarket Accident Claim Assessment

Claim for Cutting a Hand on a Trolley in a Supermarket

I badly cut my hand on a shopping trolley and needed to have ten stitches; will I be able to claim for cutting a hand on a trolley in a supermarket?

It is certainly possible to make a claim for cutting a hand on a trolley in a supermarket against the supermarket’s public liability insurance policy under certain circumstances. Provided the following criteria are satisfied, it should be possible to claim compensation:

1. There was a failure in a duty of care
2. The supermarket staff was negligent for leaving a damaged trolley in circulation
3. The accident and injury were preventable under the circumstances
4. The injury sustained was treated by a doctor

When you visit a supermarket you are owed a duty of care by the manager of the store and should not be placed at an excessive risk of sustaining an injury. Hazards must be quickly identified and removed promptly to prevent customers from being injured.

Cutting hand on a supermarket trolley

Cutting hand on a supermarket trolley

When shopping trolleys are damaged, they should be taken out of circulation. The failure to do so could constitute a failure in this duty of care and negligence by the store manager if the shopping trolley posed a significant risk of injury to customers.

The duty of care owed to customers does not place a legal responsibility on the supermarket manager to prevent all accidents from occurring, only those which are reasonably foreseeable and preventable. In the case of damaged shopping trolleys, it must be established that a reasonably attentive and competent member of staff would have been able to identify the fault and taken it out of circulation, thus preventing you from sustaining a hand injury from a shopping trolley. However, proving there was a failure in a duty of care and negligence by a member of the supermarket staff is not always straightforward, and assistance should be sought from a personal injury solicitor in this regard.

Since you needed to go to hospital for treatment, your medical records can be used as proof of injury in a claim for cutting a hand on a trolley in a supermarket, although it will also be necessary to collect proof that you cut a hand on a shopping trolley in a supermarket (and not in a location where no duty of care was owed to you).

If a member of staff called an ambulance to take you to hospital, the incident is reportable under RIDDOR legislation and the Health and Safety Executive should have been notified. It is unlikely that an inspection of the premises – and the shopping trolley – will be conducted if only one report of an accident has been made in recent weeks, but it should be possible to obtain a copy of the RIDDOR accident report to support your claim for compensation for a cut hand from an supermarket shopping trolley.

Although supermarket staff usually comply with RIDDOR guidelines, it is advisable to return to the store to make a report of your hand injury from a shopping trolley in the store’s accident book. A copy of the accident book report can be used alongside your medical records as proof the injury occurred in a supermarket, and will be important is no RIDDOR report was made.

If a claim for compensation for a cut hand from an supermarket shopping trolley can be supported by a good body of evidence to prove negligence and a failure in a duty of care, you should be able to recover compensation for your injury and a solicitor will ensure that a strong case is prepared against the supermarket on your behalf.