In this guide, we will help you understand how to sue a shopping centre for an injury sustained as a result of negligence. There are instances where you’re owed a duty of care and if this duty of care is breached, causing you to sustain harm, you may be eligible to seek compensation. This guide will look at the steps you can take to put forward a valid personal injury claim.
Additionally, this guide will explore the compensation you could receive and how it is often calculated.
Furthermore, if you feel you could benefit from hiring legal representation, we could help by providing information on the option of a No Win No Fee agreement.
Although we have aimed to cover the information you need, we understand you may still have questions. If so, you can contact our advisors for free legal advice. Simply:
- Fill out our contact form and we’ll call you back
- Use our live chat feature at the bottom right of your screen
- Call us on 0800 408 7827
Choose A Section:
- How To Sue A Shopping Centre For Personal Injury
- Examples Of Accidents In A Shopping Centre
- How To Sue A Shopping Centre For Slips Or Trips
- How Much Compensation Could I Get In A Claim Against A Shopping Centre?
- What Eligibility Is There For A No Win No Fee Agreement?
- Learn More About How To Sue A Shopping Centre
How To Sue A Shopping Centre For Personal Injury
In personal injury claims, you first have to show that someone owed you a duty of care at the time of your public place accident.
A central piece of legislation governing this issue is the Occupiers’ Liability Act 1957. Under this act, the person in control of a public space has a duty of care to ensure they take reasonable steps to remove or reduce the risk any hazards pose.
To make a personal injury claim, you must prove that the duty of care you were owed was breached. In order to do so, you can gather evidence that supports your claim.
This could come in one of many formats, such as:
- Video footage of the accident
- Contact details of any witnesses who saw your accident happen
- Photographic evidence of your injuries and the accident
- Medical records
Additionally, as part of the claims process, a meeting with an independent medical expert may be arranged for you. This is carried out to show the full extent of the harm you sustained. The report that comes from the assessment can be used as evidence to support your case.
For more information on other steps you can take to sue a shopping centre, please get in touch using the number above.
Examples Of Accidents In A Shopping Centre
There are various accidents that could occur in a shopping centre as a result of someone’s negligence. Examples of these include:
- Slips trips and falls: There may have been a spill on the floor that someone failed to properly signpost with a wet floor sign or other sign. As a result, you may have slipped and sustained a broken forearm.
- Falls from height: The person in control of a public space may have failed to ensure regular risk assessments were carried out on the escalators in the shopping centre. As a result, someone may have experienced a severe concussion.
- Allergic reaction: You may have informed your server of an allergy but received food with the allergen in. As a result, you may have suffered a severe allergic reaction to peanuts. This may lead to you making a claim against a restaurant.
If you have experienced a similar type of negligence, call our team to find out how to sue a shopping centre for the harm you sustained.
How To Sue A Shopping Centre For Slips And Trips
If you have experienced a slip or trip accident in a shopping centre because of someone else’s negligence, you may be able to claim compensation.
The process of claiming may involve gathering evidence to support your claim. If you’re unsure of what evidence you could provide, you may wish to seek legal advice.
An experienced personal injury solicitor from our panel could help ensure you have relevant and sufficient evidence. They could also make arrangements for you to attend an independent medical appointment as part of the claims process.
More importantly, they can use their knowledge of handling shopping accident claims to help you get the compensation you deserve.
For more information on whether a solicitor from our panel could help you sue a shopping centre, call our team.
How Much Compensation Could I Get In A Claim Against A Shopping Centre?
Most personal injury claims are unique in nature, therefore it is difficult to calculate an average of what you could receive.
However, you could receive up to two heads of claim. These include:
- General damages: This head of claim compensates for the pain, suffering and loss of amenity caused by your injury.
- Special damages: These compensate you for the financial losses associated with your injury. For example, if you have lost earnings due to taking time off work to recover, you could claim these costs back. However, you must have evidence such as payslips.
The Judicial College Guidelines (JCG) is a publication of guideline compensation brackets corresponding to different injuries. Solicitors often use the JCG to help them calculate the general damages head of your claim alongside other evidence.
For instance, several factors may be considered when valuing how much your claim is worth. Factors that may be considered include:
- The severity of your injuries
- The affect on your quality of life
- Whether there are any long term implications associated with your injuries.
We have included some figures from the JCG in the table below. However, due to the number of factors that could influence your payout, you should ensure only use them as a guide.
Injury | Compensation Bracket |
---|---|
Neck Injuries (b) Moderate (ii) | £13,740 to £24,990 |
Back Injuries (b) Moderate (i) | £27,760 to £38,780 |
Shoulder Injuries (a) Severe | £19,200 to £48,030 |
Elbow Injuries (b) Less severe | £15,650 to £32,010 |
Wrist Injuries (a) | £47,620 to £59,860 |
Hand Injuries (b) | £55,820 to £84,570 |
Leg Injuries (b) Severe (iv) | £27,760 to £39,200 |
Knee Injuries (b) Moderate (ii) | £14,840 to £26,190 |
Ankle Injuries (b) Severe | £31,310 to £50,060 |
Foot Injuries (g) Modest | Up to £13,740 |
What Eligibility Is There For A No Win No Fee Agreement?
A solicitor may offer to proceed with your claim under a Conditional Fee Agreement. This is a type of No Win No Fee arrangement that allows you to avoid upfront costs and ongoing fees while your claim proceeds.
In unsuccessful claims, a success fee will be taken from the compensation you receive. This is taken as a legally capped percentage.
For claims that don’t succeed, no success fee will need to be paid to your solicitor.
All of the solicitors from our panel can offer No Win No Fee services. If you would like to find out more, please get in touch. To do so, you can:
- Fill out our contact form and we’ll call you back
- Use our live chat feature at the bottom right of your screen
- Call us on 0800 408 7827
Learn More About How To Sue A Shopping Centre
- How To Sue A Store For An Injury
- Explaining The Personal Injury Claims Process
- How To Sue For A Broken Cheekbone
- GOV- Compensation After An Accident Or Injury
- NHS- First Aid
- HSE- Statistics
We hope this guide on how to sue a shopping centre has helped. However, if you need any other information, please get in touch using the details above.