I was told that it can be difficult to prove negligence when claiming compensation for slipping on a cherry in a supermarket. Doesnâ€™t the fact that I slipped on a cherry and hurt my back mean that the supermarket was negligent?
It is true that negligence is not always easy to establish and prove when claiming compensation for slipping on a cherry in a supermarket. The duty of care owed to you by the supermarket to ensure you are kept safe while visiting the premises is not absolute. This means that although you were injured after slipping and falling on a cherry on the floor in a supermarket, the presence of the cherry on the floor does not necessarily constitute negligence of the staff for failing to remove it before it caused your accident, even if it did represent a serious slip hazard.
Slipping on discarded fruit on a supermarket floor
The duty of care owed to you by the supermarket manager demands that all reasonable steps are taken to prevent accidents, but this does not mean that the floor of the supermarket must be kept free from slip hazards at all times. When a hazard is created, time must be allowed for it to be identified and removed by the staff. Often claims for slips and falls on dropped produce are complicated because there is no time limit stipulated in any health and safety legislation as to how long a hazard can remain on the floor. This will be dictated by the individual circumstances of your accident, and whether the staff should have removed the cherry in time to prevent your accident. The major chains in the UK would have internal policies to cover accidents like this, includingTesco, Marks & Spencers, Asda, Sainsburys, Aldi, Lidl, and Morrisons.
In your case, the situation is further complicated by the small size of the hazard that caused your slip and fall in a supermarket. Although supermarket employees are trained to be vigilant for hazards which could potentially cause a customer to slip and fall, the supermarket insurance company may argue that it was unreasonable to have expected the staff to have been able to prevent you from being injured after slipping and falling on a cherry on the floor in a supermarket under the circumstances.
It may not be straightforward to establish and prove negligence in your claim for a slip and fall in a supermarket, but this does not mean that your case will not be successful. It is important that you seek legal advice about making a claim from a personal injury solicitor, especially as there is a high probability that your claim will be contested by your supermarketâ€™s insurance company.
A solicitor will establish whether the store failed in its duty of care to keep you safe while using the store. Your solicitor will request a copy of security camera data to establish the state of cleanliness of the store and cleaning records will be requested to determine if lapses in health and safety standards had occurred at the store. Staff and eye-witnesses to the accident will be contacted and statements taken to substantiate your claim to help establish whether the staff were negligent for failing to remove the cherry from the floor under the circumstances.
If it is possible to claim compensation for slipping on a cherry in a supermarket, your solicitor will take all necessary steps to ensure a strong claim for a slip and fall in a supermarket is prepared to maximise the probability of your case being successful.