Can you tell me if I will be entitled to claim compensation for slipping on a banana in an Asda supermarket? I tore a ligament in my elbow and fractured my wrist when I fell.
It is not possible to confirm if you will be entitled to claim compensation for slipping on a banana in a supermarket without knowing more about the circumstances surrounding the accident, although a compensation claim may be possible.
Slipped on food left on floor
There are three main criteria that must be satisfied before a personal injury claim can be made against a supermarket such as Tesco, Asda, or Sainsburys. The first is that an injury must have been sustained that was severe enough to have warranted medical treatment being sought. Since you will have visited a doctor or hospital after the accident and your injuries will therefore be detailed in your medical records, this criterion will have been satisfied.
Although you slipped and fell on a banana on the floor and sustained an injury, the accident must also have resulted from negligence and have involved a failure in a duty of care. All major chains of supermarkets, such as Aldi, Lidle, Booths, or The Co-Op, provide staff training to avoid customer accidents. Whether these two criterions will have been fulfilled can only be determined after your case has been investigated. While the dropped fruit would have represented a serious slip hazard, your accident does not necessarily involve negligence and the dropped fruit may not constitute a failure in a duty of care.
Negligence â€” in legal terms â€” means that an injury was sustained due to the action (or inaction) of an individual that owed you a duty of care. Since you slipped and fell on a banana on the floor and your accident would have been prevented had a member of staff picked up the banana and cleaned any residue, the failure to do so could be classed as negligence.
You are owed a common duty of care when visiting a supermarket under the Occupier Liability Act (1957), which places a legal obligation on the supermarket manager to ensure the store is kept safe and free from hazards, as far as is reasonably practicable. This means that the duty of care is not absolute and the supermarket manager cannot be held liable for all accidents that occur in the store; only those which it could realistically have prevented and should have under the circumstances.
In order for you to be entitled to claim for a slip and fall on a banana in a supermarket, it must be established and proven that a member of staff should have seen the banana on the floor and picked it up in time to prevent your accident. Your claim for compensation for slipping on a banana in an Asda or Marks and Spencers, or Londis supermarket is therefore likely to hinge on the amount of time that the banana had been present on the floor prior to your slip and fall.
There are a number of ways that negligence can be established, although without the services of a personal injury solicitor this may be complicated. We therefore recommend you to seek legal advice from a personal injury solicitor as soon as possible to establish whether you are entitled to claim compensation under the circumstances.