I slipped on some blue liquid in Sainsburys by the till - can I claim compensation?

Question

As I was approaching the till, I slipped and my right ankle turned over and I landed on my left knee. I was so embarrassed and just wanted to pay and get out of the shop. The cashier on the next till said "there must be something down there because the lady before slipped there", I am returning to the shop today to complete and accident report form upon their request. I feel that they have been negligent by not checking what was on the floor when the first lady slipped.

My knee is very sore and bruised to the extent that I cannot kneel on it and there is pain halfway up the outside of my right leg from the ankle.

When I spoke to Customer Services, she located the two cashiers who saw me and they remember me falling over. Their details are with Customer Services whom I am completing my form with today and seeing a first aider there.

Answer 1

You should have reported the incident whilst you were in the shop and got witnesses from other shoppers (not just the shop staff).

Did you hurt yourself?

If you didn't hurt yourself then I can see no reason why you need to claim.

If you are off work because you cannot work then claim for the lost pay. Otherwise you are just one of these people who are fuelling the compensation culture.

I cannot understand why people claim if they have no reason to, it is just penny pinching people who are out for what they can get.

Can you tell this sort of thing makes me mad!!!!!

If you are genuinely hurt and it is going to fincially burden you, also get a doctors letter with descriptions of your injuries.
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Answer 2

Yes, Sainsbury's are liable in negligence and their insurers will no doubt wish to settle the matter out of court. The cashier should have looked to see what was there when the previous customer slipped and closed the till to avoid further accidents. Make sure that you list all the damage you suffered -- including damage to clothes. Consult your doctor to see if there is any lasting injury. Pursue the matter! Don't be put off until they make a suitable offer.

Answer 3

Yes, in theory you CAN claim compensation.

From what you've told me of your injuries, however, it appears that your claim may possibly fall within the Small Claims limit (below £1000). This means that most solicitors will be reluctant to take it on, although if you look around, you will probably be able to find one to take it on. Small claims are usually not on a no-win-no fee basis, instead the solicitor will probably take a percentage of your damages (20% or so). However, this paragraph would only apply if your injuries heal quite quickly and if you sustain very little loss in the way of earnings.

If your claim exceeds £1000, then you should be able to instruct a solicitor on a no-win-no fee basis and you'll have nothing deducted from your damages by way of payment.

You should visit your GP asap in order to establish an official record of your injuries. Be SURE to tell your GP how you injured yourself and get him to make a note of it in your records.

Although Sainsbury's should have made an entry in the accident book, the lack of such an entry should not make too much of a difference, it may even help as it would indicate a lax attitude towards health and safety procedures.

For your information, your solicitor will probably allege negligence and/or breach of regulation 12 (3) of the Workplace Health, Safety & Welfare Regulations (every floor and surface of a traffic route must be free from any substance that may cause a person to slip, trip or fall), in addition to alleging breach of the Occupiers Liability Act. The breach of the above regulation is significantly easier to establish than negligence and it entitles you to the same damages.The main way your claim could fail would be if the susbtance accumulated on the floor just prior to your slipping i.e. it was not reasonably practicable for Sainsbury to detect and remove it in time.

Often your home or motor insurance policy may provide for legal cover for you and your family (or the policy holder and his/her family). Check ALL your insurance policies for legal protection insurance and if none can be found, contact the law society so they can recommend a good Personal Injury solicitor. If you cannot make sense of your insurance policies, don't worry, just take the schedules of insurance along to a solicitor and he will do all the necessary checks for you. Personally, I would recommend finding a solicitor yourself, as opposed to letting your insurance company do it for you, as they use some pretty inefficient firms. Either way, it'll cost you nothing.

P.S. Please ignore everyone who tells you that you'll have to PAY for a report or anything of that sort. Your solicitors will handle all that for you; you will most likely pay nothing at all. Don't worry, it's quite simple and easy and will cost you nothing. Avoid claims management companies; they are just middlemen and do nothing at all to make the claims process simplier. Call the law society's personal injury panel and they'll direct you to accreditted P.I. solicitors in your area or pick up the phone book and find one yourself. Good luck.

Answer 4

Yes you can claim compensation. You need to get yourself a personal injury lawyer. Check that the lawyer is regulated by the law society. You shouldn't have to pay any fee's, they will be claimed from sainsbury's if your claim is successful. It is good news that the two checkout ladies remember you (this will go in your favour). If the staff witnessed a lady falling before you, this shows that the shop was aware of the problem, and therefore should have rectified it.

Answer 5

You will have to pay for a report most likely but first get a medical examination most lawyers have doctors they use and Sainsburys will likely end up paying damages and costs.Take no notice of prople who say if you didnt hurt yourself dont claim.You said you were slightly injured if this causes problems later you find it too late to do anything.This is obviously neglect and should have been put right when the first person slipped.Good point about it likely to be on cctv.Dont sign anything until you have taken legal advice.

Answer 6

You really should have taken the matter further at the time as you will have a hard time proving anything now. Claims will depend on whether you have been injured. If you can prove it occurred then ask to see the manager of the store and take it from there. Sainsbury's will be fully covered by insurance against claims anyway. If someone fell before you if you can prove it, then they certainly should have checked the area for safety.

Answer 7

Firstly you need to have this examined by a doctor / hospital as it must be on the medical records. Secondly, yes you can claim compensation unless there was a wet floor sign posted. If somebody slipped before you, then they are even more in the wrong, as they already knew of the hazard but failed to warn you. This is willful negligence. If they had posted a warning sign they have removed liability (and your ability to claim) but under the occupiers liability act they have a duty of care while you are on the premises. Have a look under 'compensation claims' in yellow pages

Answer 8

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Answer 9

i detect that people who whinge loudest in regards to the reimbursement subculture long gone mad , are the 1st ones on the 'telephone to their criminal expert while they holiday on a pavement. That aside: enable's assume (for a 2d) that Mr Accountant had a fall interior the food market. enable's assume the autumn became right into a foul one and he injured himself extremely badly and became into no longer able to artwork for an prolonged time. enable's assume the reason he fell became into becasue of a grape and the grape became into interior the floor becasue the food market did no longer function a secure cleansing coverage. The food market are insured against their negligent acts inflicting harm, why ought to he no longer get well his loss of earnings in those situations - assuming he can practice it? Are any of the above answerers easily announcing that in the event that they slipped and fell and 'applicable' injured themselves because of the fact a food market did no longer clean their flooring applicable; that they had purely lie in mattress with the soreness, enable the inner maximum loan pass unpaid and not evaluate recouping their losses in a declare? in the event that they're, they're the two liars or fools. This declare is clearly a try on and on the top i've got faith the claimant will discover himself with no longer something yet M&S's criminal invoice. it somewhat is as much as M&S whether or no longer they decide directly to combat it, settle it or have it struck out - it somewhat is not as much as the court docket to run the case for them. it somewhat is as much as this claimant to coach he has a case and practice he has a recoverable loss. in any different case, he loses. he's have been given the comparable applicable to try this as you or I, or M&S in the event that they have a declare against a business enterprise. The "£3 hundred,000 for slipping on a grape" headlines are deceptive, sensationalist nonsense. do no longer be fooled via them.

Answer 10

you should of got them to make a report in the accident book.. on the day it happened...
as you might find it will be to late to do anything about now as you or the store having nothing saying anything about what happened.

but unless you have something wrong with you that stops you doing something you could do before or long lasting pain you will more thenlikly get nothing... if you hae any injurys get them seen by a doctor as then they will be on record.
as sainsbury will not pay out without it going to court if its that bad..

i used to work at a sainsbury and even members of staff had to go to court to get comensation...so good luck.. could take years