Can I claim compensation for tripping on an advertising panel in a supermarket that was jutting out into an aisle? I was told by the customer service manager that I would not be entitled to claim compensation when I asked to fill out the accident book.
In order to have your right to claim compensation for tripping on an advertising panel is assessed, you will need to discuss the circumstances under which you sustained you injury with a personal injury solicitor. The manager you spoke to in a supermarket is unlikely to be a legal expert, and may not be aware of the full criteria under which personal injury compensation can be claimed.
Panel jutting out in supermarket aisle
When you speak with a solicitor you will need to explain in as much detail as possible how you came to trip on the advertising panel in Asda, where the advertising panel was located and how much it was jutting into the aisle. You will also need to provide information about the injuries you sustained, including the diagnosis provided by your doctor. While you are entitled to claim for any personal injury sustained in an accident in a supermarket (if it resulted from negligence by the store staff), a solicitor will need to assess whether the injury you sustained justifies claiming compensation for tripping on an advertising panel.
Although a solicitor should be able to tell you if a claim for a trip and fall in a supermarket is likely to be possible and worthwhile pursuing, this cannot be confirmed until your case has been fully investigated. A solicitor must first establish whether the placement of the advertising panel posed a significant trip risk for customers. Advertising panels – by their very nature â€” are usually highly visible, but careful thought should be given regarding their placement in the store. If they cannot be easily seen by customers approaching from all sides – or if the base juts out into an aisle – there is considerable potential for a trip and fall.
The manager in charge of in-store advertising should have conducted a risk assessment before allowing the use of the advertising. A failure to conduct a risk assessment or allowing the use of in-store advertising which placed the health and safety of customers at risk is likely to constitute both a failure in a duty of care and negligence. If a solicitor can establish there was a breach in a duty of care and negligence, it is probable that you will be entitled to claim for having tripped and fell over an advertising panel in a supermarket.
A claim for a trip and fall in Asda must also be supported by proof of negligence. It is probable that the advertising panel would have been removed from the store following your accident, or at least made safe. Evidence of negligence is therefore likely to have to come from statements taken from eye-witnesses who saw how you tripped and fell over an advertising panel in a supermarket, or it may be possible to obtain a copy of a recording of the incident from the in-store security cameras.
Once your case has been investigated and evidence has been collected, your solicitor will give you an indication of the strength of your claim and how much compensation you will be entitled to recover. You can then make the decision about whether to proceed with legal action against the store.