Can I claim compensation for hitting my head on display adverting in a supermarket? I cut my forehead and needed stitches and the doctor told me I had mild concussion.
You are certainly within your rights to make a claim for compensation for hitting your head on display adverting in a supermarket, as this was an accident which should not have been allowed to occur.
The purpose of display advertising is to attract the attention of the customers to products and special offers. By its nature it should be highly visible; however the supermarket staff cannot assume that shoppers will always notice it or pay attention to its presence. When display advertising is used in supermarkets, it must be positioned in such a way that it that it does not to pose a danger to shoppers.
The positioning of advertising must be carefully chosen. Any installation of advertising should be subject to a risk assessment to ensure that it does not contravene health and safety regulations. If the advertising was hanging low enough for you to hit your head on it, it is likely that no risk assessment was completed. A failure to conduct a risk assessment would contravene section 3 of The Management of Health and Safety at Work Regulations (1999). This would entitle you to make a claim for display advertising accident compensation.
Although it would appear that you have a strong case for claiming compensation for hitting your head on display adverting in a supermarket, you must be able to prove that the supermarket has been negligent. This means that you must gather evidence of negligence. Since it is unlikely that the advertising board is still in place after the accident, it may not be possible to return to the store to take photographs of its position.
However, you should certainly return to the store as soon as possible to check, and you should take a camera with you just in case. For photographic evidence to be useful, it must clearly show the positioning of the advertising and give an indication of height. You should also take photographs of the cut to your head as these can be useful alongside your medical records to prove the extent of the injury you suffered in a claim for injuring head on display advertising.
If you have not already done so, when you return to the store you should also make a report in the supermarket’s accident book. The report should include brief details of how the accident occurred, the injury sustained and the aisle number where the hazard was located and its exact position.
We recommend contacting a solicitor as soon as possible to discuss making a claim for injuring head on display advertising against the store’s public liability insurance policy. A solicitor is in the best position to obtain witness statements – if you recorded witness contact details before leaving the store – and can make a formal request for CCTV camera footage to be released. A solicitor will also advise you of the amount of display advertising accident compensation you will be entitled to claim for your injuries.