Am I eligible to claim compensation for breaking a leg in Morrisons? I recently fell down an escalator in my local Morrisons, breaking my leg. The fall was prompted by a sudden jerking motion — a fault I had warned the management about before.
Pursuing a claim for compensation for breaking a leg in Morrisons should not be a process anyone has to experience. Breaking a leg can be a traumatic and frightening event, and can leave a person unable to pursue many of the activities which they find pleasurable.
Your entitlement to claim compensation for breaking a leg in Morrisons may be dependent on your ability to prove that a third party — in your case the supermarket — is responsible for your injuries. Supermarkets can be held responsible for accidents which happen on their premises under the Occupiers’ Liability Act 1957, which says that they owe a duty of care to customers. Although the duty of care is not “absolute” and customers also have to take some responsibility for their own safety, you may be able to pursue a claim for compensation if you feel that Morrisons has breached its duty of care towards you.
Before you can proceed with a claim, you must gather evidence. Once you have compiled the evidence —a medical report of your injuries, CCTV footage, witness statements, photos of your injury and the scene — your solicitor will then issue the negligent party — in this case Morrisons — with a Letter of Claim. The Letter of Claim serves as notification that you are pursuing a claim against the supermarket. In order to increase your chances of receiving a favourable response, you should include all of the evidence available at the time. Some evidence, such as the true extent of your injury (especially considering it is a broken leg), may not be known yet however.
Once the Letter of Claim has been sent, the negligent party has 21 days in which to respond, and a further 90 days in which to decide whether or not to admit liability. If liability is admitted, your solicitor will open negotiations with the supermarket’s public liability insurers. If not, he will issue court proceedings.
The fact that you have already warned Morrisons about the dangers of the escalator on a previous occasion should bode well for you. The supermarket will more than likely be aware of the complaints registered by you — and if the problem is as severe as to warrant a report, it could be that others have done the same.
In order to find out if you are entitled to claim compensation for breaking a leg in Morrisons, speak with an experienced personal injury claims solicitor at the first available opportunity.