Welcome to our guide on how to sue a store for an injury. We understand the pain and frustration you might be feeling following an accident in a shop. If you’re looking to claim against the store because they acted negligently, our guide could help.
This guide takes a detailed look at how you can make a personal injury claim for an injury in a store. If you still have questions after reading this, our advisors can help. They are available 7 days a week to provide free legal advice and answer any questions you may have.
Additionally, they can connect you with our panel of solicitors if you’re ready to start your claim. For more information, call us on 0800 408 7827. Alternatively, continue reading to find out how to sue for an injury caused by the negligence of the store’s occupier.
Select A Section
- Can I Sue A Store For An Injury?
- What Injuries Could I Claim Compensation For?
- What Evidence Will I Need When Suing For An Accident In A Store?
- How Much Compensation For A Store Injury Claim?
- Do I Need A Solicitor To Claim For An Accident In A Store?
- How To Sue A Store For An Injury With A No Win No Fee Solicitor
- Resources
Can I Sue A Store For An Injury?
In order to sue a store for an injury, you need to show that you were owed a duty of care. Under the Occupiers’ Liability Act 1957, the party in control of a public place must take steps to ensure the reasonable safety of visitors to their premises.
We have summarised the eligibility criteria here:
- You were owed a duty of care.
- The occupier breached this duty in some way.
- That breach resulted in you sustaining injuries.
Is There A Time Limit When Claiming Personal Injury Compensation?
The Limitation Act 1980 sets a 3 year limit to begin a personal injury claim in most cases. However, exceptions can apply in some cases, such as:
- Children: those under 18 when the accident occurs will have the 3 year limit paused until their 18th birthday, giving them until they reach 21 to claim.
- Those lacking sufficient mental capacity: injured persons without the mental capacity to claim have the time limit halted indefinitely.
In these scenarios, a litigation friend may be appointed to act on the injured person’s behalf and begin the claim sooner.
To get your free eligiblity assessment, or to find out if any exceptions apply in your particular circumstances, contact our advisors today using the contact information given below. They can answer questions such as ‘Is a store liable for a customer injury?’.
What Injuries Could I Claim Compensation For?
There are many types of potential accidents which can cause you to suffer an injury in a shop. For example, perhaps you had a slip, trip or fall. These types of accidents can cause many different injuries. Some common injuries might include:
- Broken bones (like a broken cheekbone or a broken rib, or broken hip for instance)
- Dislocations
- Scrapes, cuts and bruises
- Other more severe injuries such as back or neck injuries
Crucially, your claim will need to establish that the store you had your accident in owed you a duty of care. You’ll also need proof that the store breached this duty through negligent behaviour.
Compensation is split into general and special damages. General damages cover your physical and emotional suffering as well as how the injury has affected your quality of life. If you’re eligible to claim for general damages, then you may possibly be able to claim for special damages too. These cover your past and future financial losses which can be directly linked to your accident and injuries.
What Evidence Will I Need When Suing For An Accident In A Store?
There are various types of evidence that can be useful if you decide to sue a store for an injury. For example, in order to prove the accident happened, you may be able to gather:
- CCTV footage
- Pictures of the accident or cause of the accident if possible
- Witness details so that legal professionals can take statements later on.
- Records of the accident in an accident book
In addition to proving the accident happened, you’ll require evidence of any money lost as a direct result of the injury in order to claim for special damages. Examples of such evidence may include:
- Receipts for travel or medical expenses
- Payslips for loss of earnings
Furthermore, you’ll want to collect medical evidence to show the injuries you sustained were caused by negligence. For more information on the medical evidence you can use to make a personal injury claim, see below.
How Much Compensation For A Store Injury Claim?
Compensation in personal injury claims can be awarded under two different heads of loss. These are:
- General damages: awards for physical and psychological harm.
- Special damages: awards for financial losses. We’ll cover this more below.
Those tasked with calculating a potential general damages figure can make reference to your medical documents alongside the Judicial College Guidelines (JCG). The JCG publication contains compensation guidelines for an array of injuries. We have used a relevant selection of these figures in our table below.
Compensation Table
Please be advised that this table is intended to act as guidance only. The top figure is not from the JCG.
Injury Severity Compensation
Multiple Very Severe Injuries with Additional Special Damages Very Severe Up to £1,000,000 +
Brain or Head Injury Moderately Severe (b) £267,340 to £344,150
Less Severe (d) £18,700 to £52,550
Neck Injury Severe (a)(ii) £80,240 to £159,770
Moderate (b)(i) £30,500 to £46,970
Moderate (b)(ii) £16,770 to £30,500
Injuries Affecting Sight Loss of sight in one eye £60,130 to £66,920
Minor Injuries £4,820 to £10,660
Transient Injuries £2,690 to £4,820
Foot Injury Modest Injuries Up to £16,770
Special Damages
As we mentioned briefly above, the second of the two heads of loss is special damages. Costs incurred as a result of your injuries. Examples can include:
- Lost earnings.
- Medical costs.
- Travel expenses.
- Domestic care and support.
- Modifications to your home.
Remember to hold onto your payslips, travel tickets care invoices as proof of your financial losses.
This section is intended to act as guidance only. To find out what your specific claim could be worth, talk to our advisors to get a free eligibility assessment today.
Do I Need A Solicitor To Claim For An Accident In A Store?
It isn’t a legal requirement to have a personal injury solicitor represent you. Instead, you could represent yourself. However, it can be more beneficial to have a solicitor for various reasons:
- A qualified and experienced solicitor can help with navigating the often complex legal system
- It can reduce pressure and stress on you, particularly if you have a limited amount of time to focus on your claim
How To Sue A Store For An Injury With A No Win No Fee Solicitor
Our advisors can connect you with our panel of solicitors who can support your claim on a No Win No Fee basis. This means that if the claim is unsuccessful, you won’t pay your solicitor’s legal fees.
If they are successful, you’ll pay a success fee. Your solicitor will usually take a legally-capped percentage from your compensation to cover their payment.
Most importantly, you can avoid upfront solicitor costs. Contact our advisors to learn how they can connect you with our panel of No Win No Fee solicitors.
Contact Us
Our advisors can provide you with free legal advice on anything regarding your potential personal injury claim. Additionally, if you have a valid claim, they can connect you with our panel of solicitors.
You can get in touch through the following methods:
- Telephone number – 0800 408 7827
- Live chat at the bottom of the page
- Send us an enquiry using our contact form and we’ll contact you at your specified time
Resources
Was your accident caused by negligence by your local council? If so, our guide on suing your local council could help.
If your injury was caused by medical negligence, you may be able to sue a hospital. See our guide for more information.
If you are an employee who has been hurt in the shop you work in, you may be able to claim compensation if your employer breached their duty of care. You can read our guide on how to sue your employer for an accident they’re liable for. If your employer’s negligence caused a broken ankle injury at work, we have a seperate guide for this.
We also have a guide on how to sue for a criminal injury if you experienced this type of harm in a shop or elsewhere.
Why not check out more legislation; The Health and Safety At Work etc Act 1974.
The Heath and Safety Executive HSE looks at health and safety practices in the workplace.
Also, there is guidance from the Government about making a personal injury claim.
We hope you found our guide on how to sue a store for an injury useful. Thank you for reading.