Is it possible to make a claim for slipping on a broken tile in a supermarket?
Although it is possible to make a claim for slipping on a broken tile in a supermarket, in order for a claim to be successful it must be established and proven that the broken tile constituted a serious slip or trip risk and the store manager was negligent for failing to address the hazard (thus placing customers at an unacceptable risk of sustaining an injury).
Broken tile in supermarket
The failure of the store manager to take any action to address a serious slip or trip hazard could certainly be classed as a failure in a duty of care and negligence, and if this can be established and proven, you should be able to make a claim for compensation for a fall due to a broken floor tile in a supermarket.
However, the supermarketâ€™s insurance company may question the extent of the hazard and could argue that it did not constitute a major accident risk. Whether this defence against a claim for slipping on a broken tile in a supermarket would be successful is likely to depend on the degree of damage to the tile and its position in the store.
The reason that such a defence against a slip and fall on a broken floor tile in a supermarket is possible is because the duty of care owed to customers is not absolute. The store manager is not required to eliminate all risks to customers as UK health and safety legislation only demands that risks of supermarket customers slipping and falling are reduced to an reasonable level, and only as far as is reasonably practicable.
The supermarket manager should certainly have been aware of a broken tile if it represented a serious risk to customers. A risk assessment should have been conducted to determine whether the broken tile was likely to cause a customer to slip and fall, and if so, a temporary repair should have been made until the tile could be replaced or a warning sign should have been placed over the tile to alert customers to the risk of slipping.
The onus is on the claimant to prove that a hazard such as a broken floor tile posed a significant trip or slip risk, which the store manager should have been aware of the damage to the tile and insufficient actions were taken to prevent a slip and fall on a broken floor tile in a supermarket.
This may seem a little daunting, but you do not have to do this personally. If you use a personal injury solicitor to investigate your claim for compensation for a fall due to a broken floor tile in a supermarket, evidence of negligence will be collected on your behalf. A solicitor will then prepare the strongest possible case to improve the likelihood of the insurance company accepting liability for your injury and will take the necessary steps to ensure your claim can be resolved in the shortest possible time frame.