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Claim for Falling in a Supermarket Car Park

Can I Claim for Falling in a Supermarket Car Park?

It is your legal right to claim for falling in a supermarket car park if you sustained an injury after slipping or tripping in the store’s car park, provided the accident should have been prevented by the store manager under the circumstances.

Falling in a supermarket car park

Falling in a supermarket car park

If you tripped and fell in a supermarket car park due to an uneven surface or a raised or loose paving stone, you should seek legal advice about making a personal injury claim against the store’s public liability insurance policy.

Compensation for a fall in a supermarket car park can be claimed to recover any costs and expenses incurred as a result of an injury and for any damage caused to personal property in the accident. You are also entitled to receive recompense for pain, suffering and loss of amenity when you claim compensation for a supermarket car park fall.

It is not always possible to take legal action to recover compensation for a fall in a supermarket car park. A number of criteria must first be satisfied before the right to claim can be confirmed. To establish whether a claim can be made under the circumstances it is advisable to seek legal advice from a personal injury solicitor.

A Trip and Fall in a supermarket car park Must Have Resulted From a Failure in a Duty of Care

You are owed a common duty of care when visiting a supermarket under the Occupier Liability Act (1957). This legislation places a legal responsibility on the supermarket manager to ensure that you are kept reasonably safe while on the premises, which covers all areas of the store including the supermarket car park.

Under this duty of care the store manager must make all reasonable efforts to prevent customers sustaining injuries, as far as is reasonably practical. The duty of care is not absolute, and the store manager will not be liable for all accidents which occur in the supermarket grounds. However, if a hazard was allowed to remain for an unreasonable amount of time, and if a trip and fall in a supermarket car park was reasonably foreseeable consequence of the failure to remove a hazard, this would represent a failure in the duty of care and compensation for a supermarket car park fall could be claimed.

When you first speak with a personal injury solicitor about making a claim for falling in a car park, one of the first steps that will be taken is to establish whether – under the circumstances – your accident should have been prevented and if the store manager has been negligent for failing to take sufficient actions to keep you safe while on the supermarket premises.

If you appear to have grounds to claim compensation for a fall in a supermarket car park, a solicitor will advise you of the actions which must be taken to ensure the right to claim is not lost, and assistance will be provided with collection of evidence of negligence and other documentation to support your case.

Proving Negligence when Claiming for a Fall in a Supermarket Car Park

Before a claim for falling in a supermarket car park can be made, proof of negligence must be collected. If a trip and fall in a supermarket car park was caused by an uneven surface, broken paving stone or pothole, photographs of the hazard should be taken. The photographs should clearly show the location of the hazard, ideally with the store in the background. It must be clear that the hazard is actually located in the car park of the store.

The dimensions of the hazard should be measured and recorded, such as the depth of a pothole or the height of a raised paving stone. You should also take a photograph of the hazard with an item in the picture which can be used as a scale.

Photographs should be taken of any visible injuries such as cuts and bruises, as while evidence of injury comes from medical records, photographs can be useful to show the degree of visibility of injuries, which can have a bearing on the level of compensation for a supermarket car park fall that can be recovered.

It is also vital that the accident – and the hazard – is reported to the store manager. If you have not yet made a report of the accident in writing in the store’s accident book, you should complete this procedure as soon as possible. The accident book report will serve as proof that you sustained your injury on the premises when you claim compensation for a fall in a supermarket car park.

Settlement Offers of Compensation for a Supermarket Car Park Fall

If an injury was sustained in an accident that clearly resulted from negligence by the store manager or a member of staff, you may receive a telephone call or letter from the store’s insurance company offering to pay you compensation for your trip and fall in a car park.

Offers of compensation for a fall in a supermarket car park should always be assessed by an independent personal injury solicitor. Insurance companies offer compensation to prevent legal action from being taken in order to reduce liability to pay compensation. Offers of settlement are usually considerably lower than the damages which could be recovered by making a claim for falling in a car park.

Costs and expenses incurred are not considered, loss of amenity is rarely factored into the compensation amounts offered and in some cases the amount of compensation for a supermarket car park fall offered is not even sufficient to cover loss of earnings.

Once you have had an offer assessed and you have found out the level of damages that can be recovered by taking legal action, you can then decide to accept the offer or to pursue a more appropriate settlement my initiating a legal claim against supermarket.

Find Out if You Can Claim Compensation for a Fall in a Supermarket Car Park

Many factors can affect eligibility to claim for falling in a supermarket car park, which is why it is important to have a potential claim for compensation for a supermarket car park fall assessed by a personal injury solicitor.

A solicitor will advise you about any actions that must be taken to ensure the right to make a claim for a trip and fall in a supermarket car park is not lost. You should be given an indication of the amount of compensation for a fall in a supermarket car park that can be claimed and any expenses you will be entitled to recover.

Once you have been made aware of the legal processes and legal costs associated with making a claim, you can then take your time to decide whether you wish to proceed with the claim against the supermarket.