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Compensation for Tripping in Tesco Supermarket

Am I eligible to claim compensation for tripping in Tesco supermarket? I tripped on a broken floor tile and cracked two ribs when I fell.

Question:

Am I eligible to claim compensation for tripping in Tesco supermarket? I tripped on a broken floor tile and cracked two ribs when I fell.

Answer:

The first thing that needs to be established before you can claim compensation for tripping in Tesco supermarket is that Tesco failed in their duty of care to provide you with a safe shopping environment and were responsible for your injury. Although the presence of a hazard such as a broken floor tile would indicate that Tesco was in breach of its health and safety obligations, Tesco´s duty of care is not “absolute” and, if the floor tile had only become a hazard moments before your trip, Tesco would not be considered liable for your injury. Even if Tesco employees acknowledged that the broken floor tile represented a hazard when they were assisting you after your accident, this does not necessarily prove Tesco´s liability in a claim for tripping in Tesco supermarket.

In order to confirm Tesco´s liability for your injuries, you will need to support your claim for having tripped in Tesco supermarket with statements from Tesco employees who assisted you after your slip or by accessing security video of the area of the Tesco supermarket in which your accident happened that demonstrates the floor tile was a hazard for an unreasonable amount of time prior to your accident. One other way in which you may be able to support your claim for compensation for tripping in Tesco supermarket is if, when you are reporting your accident, there are many similar reports of accidents due to negligence already recorded in Tesco´s “Accident Report Book”.

Once you – or your solicitor on your behalf – have collected sufficient evidence in support of your claim for having tripped in Tesco supermarket, your solicitor will write a Letter of Claim to Tesco. Tesco have 14 days in which to acknowledge receipt of your solicitor´s letter and a further 90 days in which to inform your solicitor whether or not they accept liability for your rib injuries. At any stage during this process you may be approached directly by Tesco´s insurers with an offer of settlement, so it is important that you are aware in advance how much compensation for having tripped in Tesco supermarket you are able to claim in order that you do not inadvertently accept an offer which is inappropriate to your rib injury.

Your solicitor will calculate how much compensation for having tripped in Tesco supermarket you should be entitled to receive based on the severity and extent of your injury in relation to your age, sex and the impact that your cracked ribs have on your quality of life. No two claims for cracked ribs are identical, as the level of incapacity you experience and your lack of ability to be able to complete day-to-day tasks will be exclusive to you – particularly if you have young children, have to do a lot of driving as part of your everyday activities or have to spend a considerable period of time away from work because of your rib injury.

When compiling your claim for tripping in Tesco supermarket, you solicitor will also take into account any financial costs of your rib injury. These can include expenses you have incurred for medical treatment and paying for prescriptions, the cost of using public transport while your rib injury makes it impossible for you to drive, and any loss of income – including overtime and pension contributions – you have experienced due to tripping in Tesco supermarket. Your compensation claim for tripping in Tesco supermarket should ensure that you are no worse off financially than if your accident in Tesco had never happened.

Provided that Tesco´s liability is acknowledged and their insurers do not allege that you contributed to your rib injury by your own lack of care, your tripping in Tesco supermarket compensation claim should be resolved quickly and satisfactorily. However, it is in your best interests to speak with a personal injury solicitor at the first practical opportunity as, with a broken rib, collecting some of the evidence you need to support your claim for having tripped in Tesco supermarket may be difficult and it would be advisable when relying on witness accounts and CCTV to have this evidence as soon as possible.