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Compensation for Falling in Shop

I fell over in a shop car park due to a pothole in the parking area and fractured my elbow. Can I claim shop fall injury compensation even though I was outside the shop?

Question:

I fell over in a shop car park due to a pothole in the parking area and fractured my elbow. Can I claim shop fall injury compensation even though I was outside the shop?

Answer:

In order to claim shop fall injury compensation it has to be demonstrated that you sustained an injury due to the negligence of somebody who had a duty of care towards you. In this particular instance, the shop had a duty of care to provide you with a safe place to park your car and provide hazard-free access to the shop. However, there are potentially complications:-

Firstly, your accident needs to be reported to the shop owner and recorded in the shop´s accident book. If you fractured your elbow on the approach to the shop, and did not alert the shop owner to your injury at the time, it is possible that he or she could claim your injury occurred somewhere else on a different date. Even if your injury occurred after you left the shop, if you did not report it at the time, you will have to rely on eye-witness testimony in order for your shop fall injury compensation claim to be successful.

It might also be the case that the shop does not own the car park and that some other party is responsible for maintaining its condition. This would not disqualify you from making a shop fall injury compensation claim, but would mean that your claim is made against somebody other than the shop owner.

One further complication may arise should be approached directly by the negligent party´s public liability insurers with an offer of early settlement for your shop fall injury compensation claim. Rarely are these offers representative of what you would be fully entitled to receive for your injuries and the consequences of your injuries. For this reason, it is recommended that you speak with a solicitor before making a shop fall injury compensation claim.