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Claim Compensation for Tripping in a Tesco Car Park

Is it still possible to claim compensation for tripping in a Tesco car park if I did not report my accident at the time but went straight to hospital to get treatment for my fractured patella?

Question:

Is it still possible to claim compensation for tripping in a Tesco car park if I did not report my accident at the time but went straight to hospital to get treatment for my fractured patella?

Answer:

Although taking care of your health should be your first priority when sustaining any injury, failing to report an accident at the time it occurs can complicate a claim for compensation for tripping in a Tesco car park. In order to prove that Tesco failed in their duty of care to provide you with safe access to their store, it has to be shown that an avoidable hazard in the car park was responsible for your fractured patella injury – something which may be difficult if the hazard was temporary and has since been removed.

However, Tesco utilise CCTV surveillance cameras to monitor activity in their car parks and – under the Data Protection Act 1998 – you can send an “Access Request” to Tesco requesting video of your car park accident. Your request to Tesco should include the date and time of your accident, in which area of the car park your accident took place and a brief description of yourself in order that Tesco can locate the appropriate video quickly.

Provided that the security video shows that the hazard over which you tripped was present “for an unreasonable period of time”, you will be eligible to claim compensation for tripping in a Tesco car park. Even though Tesco´s liability may be established by the security video, you should still go through the procedures of making a report of your accident in the store´s “Accident Report Book” and retain a copy to support your claim for having tripped in a Tesco car park.

It is also advisable to discuss the circumstances of your injury in a Tesco car park with a solicitor at the earliest practical opportunity. Once a security video has been requested, and a report of your car park accident recorded in Tesco´s “Accident Report Book”, you may be approached directly by Tesco´s insurers with an offer of compensation for having tripped in a Tesco car park.

Although Tesco is a highly reputable company, it is conceivable that without a full assessment of your patella injury and the effect it has on your quality of life, Tesco´s insurers may offer you a settlement of compensation for tripping in a Tesco car park which does not fully reflect the extent and severity of your patella injury or the consequences that your fractured patella has on your quality of life.

A solicitor will be able to prepare a claim for tripping in a Tesco car park which takes into account all the elements of your patella injury, represent you if Tesco´s insurers deny their client´s liability or contest how much compensation for tripping in a Tesco car park you should be entitled to receive, and negotiate on your behalf if an inadequate offer of compensation for tripping in a Tesco car park is forthcoming.

As video from store security cameras is erased once Tesco has no further use for it, it is in your best interests to speak with a solicitor as soon as possible. A solicitor will be able to answer any questions you may have in relation to making a claim for compensation for tripping in a Tesco car park, submit the “Access Request” on your behalf if you are apprehensive about doing it yourself and advise you on how to proceed with a claim for tripping in a Tesco car park if the CCTV surveillance video is no longer available.