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UK Supermarket Injury Claims

In the UK, supermarket injury claims enable you to recover compensation when you have been injured in a supermarket accident which is attributable to the negligence of the supermarket owner, management or one of its staff. Most supermarkets now have CCTV cameras to record potential hazards and, should a hazard fail to be removed once it is identified and you sustain an injury as a result, evidence of negligence should rarely be difficult to obtain. If you or somebody close to you have suffered an injury in a supermarket, speak with an experienced supermarket injury claims solicitor on our freephone helpline for practical and helpful advice without obligation.

Pensioner Settles Injury Claim for a Trip and Fall Accident in Sainsburys

December 9, 2015

A pensioner has settled her injury claim for a trip and fall accident in Sainsburys which left her with a fractured arm, nerve damage and facial injuries.

Jean Annis (79) was shopping at her local Sainsburys in Alsagar, Cheshire, when she tripped on a loose mat by the entrance to the supermarket and fell heavily onto the floor. As a result of her accident, Jean fractured her right arm, was diagnosed with nerve damage and sustained multiple facial injuries.

Although Jean received prompt and professional medical treatment, her dominant right arm was weakened due to her accident and, when she fell again five months later, her arm fractured again – a fracture doctors said would not have occurred had it not been for her fall in Sainsburys.

Doctors have advised Jean to have pins inserted into her right arm to provide support, but Jean is concerned that her husband Norman (89) – who suffers with dementia – will have to be cared for in a specialist home while she undergoes the operation and recovers from the surgery.

Jean sought legal advice and made an injury claim for a trip and fall accident in Sainsburys – alleging that her injuries were attributable to Sainburys´ negligence in allowing the mat to become loose and become a hazard. The supermarket was quick to acknowledge liability for Jean´s injuries, and a settlement of her injury claim for a trip and fall accident in Sainsburys was negotiated.

The settlement of Jean´s injury claim for a trip and fall accident in Sainsburys is believed to be in five figures. Although Jean´s solicitor would not reveal the exact amount, she said: “It is imperative that premises such as supermarkets take great care to ensure their stores are safe for visitors at all times, particularly the entrance and exit area which can become hazardous due to wear and tear caused by the sheer number of people passing through on a daily basis, and also as the result of wet weather conditions.”

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Inquest Finds Broken Hip Accident in Tesco Contributed to Death of Customer

October 20, 2014

An inquest at Bradford Coroner´s Court has concluded that a broken hip accident in Tesco contributed to the death of a 90-year-old customer.

On December 21st 2013, Esther Payne was finishing her pre-Christmas shopping at the Tesco supermarket in Ilkley, West Yorkshire, when she was hit by a roll-cage trolley containing beauty products that was being manoeuvred through the store by a supermarket employee.

Esther from Steeton in West Yorkshire fell to the floor and suffered a broken left hip. She was taken to the nearby Airedale Hospital where her broken hip was pinned, but Esther´s health deteriorated and she suffered renal failure and heart problems before dying on January 3rd from a heart attack.

An inquest into Esther´s death was conducted at the Bradford Coroner´s Court, where she was described as being fit and healthy for her age. The jury at the inquest was told that one-in-ten elderly patients who suffer injuries similar to Esther´s die within one month, while three-in-ten die within a year.

Tesco’s Group Safety Director Stephen Purser was questioned by Assistant Coroner Dominic Bell about the company´s policies for manoeuvring roll-cage trolleys, and Mr Purser assured the jury that “the instruction when using a roll cage is to pull, not push it.”

Contradictory evidence was provided by Bradford Council´s health and safety investigator – Jane Bradbury – who told the jury that she had made a scheduled visit to the Tesco supermarket and had seen staff pushing the roll-cage trolleys contrary to Tesco´s in-house policy.

The accident investigator also told the jury that that she had requested to see CCTV footage of Esther´s broken hip accident in Tesco, but was told that none of the store´s eight cameras had recorded the incident as it had occurred in a blind spot.

Tesco´s barrister Emily Formby and Assistant Coroner Bell explained to the jury that the lack of witnesses and CCTV footage to Esther´s broken hip accident in Tesco made it impossible to determine how the accident happened, but the role of the inquest was not to attribute blame.

The jury subsequently returned a verdict that while Esther´s death was due to a heart attack, complications had arisen due to her broken hip accident in Tesco.

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Supermarket Fined for Tesco Worker Foot Accident

January 3, 2014

Tesco has received a substantial fine from Southwark Crown Court after an investigation into a Tesco worker foot accident revealed failings in health and safety procedures.

On 7th August 2009, Mohammed Ferdous (31) was working in the basement of the Tesco Metro store in Victoria, central London, when he was asked to assist with a fresh food delivery. His role involved waiting at the lift entrance in the basement, retrieving cages of food sent down from the street level and returning the empty cages up in the lift.

When the second load descended, Mohammed stepped forward to retrieve the cages and used his right foot as leverage to help him extract them from the lift. Mohammed inadvertently placed his foot into a gap between the floor of the lift and the lift shaft and, when the lift car suddenly shifted down, his foot was crushed by the weight of the lift car.

Colleagues were unable to free Mohammed´s foot for ten minutes, during which time his toes were irreparably damaged and had to be amputated. Mohammed will never be able to walk normally again and was unable to work for more than a year after the accident.

Mohammed made a claim for Tesco worker foot accident injury compensation, which was settled for an undisclosed amount in 2013; however Tesco was prosecuted – along with lift maintenance company Otis – after an investigation into the accident revealed that no maintenance inspections had been conducted on the lift during a nine-month period.

Both Tesco and Otis were charged with contravening health and safety regulations, contrary to Section 33 (1) (c) of the Health and Safety at Work Act 1974 and, after pleading guilty to the charges, magistrates at Southwark Crown Court fined the supermarket giant £115,000 and Otis £110,000 for their negligence which led to the Tesco worker foot accident.

Speaking after the fines had been administered, Westminster City Council’s food, health and safety manager – James Armitage – said that the Tesco worker foot accident had been “entirely preventable” and would have been avoided if the two companies had “collectively ensured that the lift was properly maintained”.

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Smaller Compensation Claims for Personal Injuries to be Settled Quicker

August 5, 2013

Smaller compensation claims for personal injuries are to be settled quicker following reforms introduced by the Legal Aid, Sentencing & Punishment of Offenders Act which came into place on 1st August 2013.

The new Civil Procedure Rules governing court action in England and Wales have been amended in order to reduce the time it takes to settle personal injury claims with a value of up to £25,000 when a single party is responsible for an injury occurring and liability is admitted by their insurance company.

Not all compensation claims for personal injuries fall under the new rules – for example, claims for medical negligence still have to go through a lengthy process – but most claims for personal injuries in road traffic accidents, personal injuries sustained in an accident at work and those acquired in a place of public access (public liability claims) should be settled up to three months quicker than previously.

The reforms are being applied to the Ministry of Justice´s “claims portal” – a database on which solicitors register their clients´ claims – and whereas previously insurance companies could take twenty-one days to acknowledge receipt of a solicitor´s “Letter of Claim”, they now have to act within 24 hours.

Furthermore, insurance companies could previously take 90 days before informing a solicitor whether or not they accepted their policyholder´s responsibility for an accident and injury. They are now allowed only 30 days in the case of claims for personal injuries in road traffic accidents and public liability claims, and 40 days when a claimant has suffered an injury at work due to their employer´s negligence.

Should insurance companies fail to adhere to the new regulations, the claim will be removed from the Ministry of Justice´s claims portal and any increase in costs will have to be assumed by the insurance company irrespective of whether they successfully defend the claim or not.

The new rules apply to compensation claims for personal injuries in which an injury has been diagnosed on or after the 1st August, and only apply to injuries sustained in England and Wales that the claimant was not partly responsible for due to their own lack of care. Further exclusions apply to the reforms applied to compensation claims for personal injuries and therefore it is always in your best interests to discuss the nature of your accident and injury with a solicitor at the first moment possible.

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Girl Receives Compensation for Faulty Display Shop Injury

June 24, 2012

An 11-year-old girl, who badly cut her leg on a stand displaying cakes in Dunnes Stores, has had her settlement of compensation for faulty display shop injury approved at the Circuit Civil Court in Dublin.

The court heard how Jade Earls had been shopping in the Cornelscourt branch of Dunnes Stores on July 16, 2010. As she walked by a stand displaying cakes, Jade caught her leg on rusty nails exposed on a piece of wood which was hanging down from the display.

Judge Alan Mahon was told that Jade suffered a ten centimetre cut and a four centimetre laceration which – although it had healed – resulted in a permanent scar on her left leg. Through her mother – Fidelma – Jade made a claim for faulty display shop injury compensation against Dunnes Stores and the company responsible for the cake display stand – ABF Grain products of Grosvenor Street, London.

The judge was also advised that Dunnes Stores and ABF Grain Products had accepted liability for Jade´s accident on a 60/40 basis, and that an offer of compensation for faulty shop injury amounting to 12,000 Euros plus legal expenses had been made, which the family were willing to accept.

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Unreported Tesco Work Accidents Attract Substantial Fine

April 21, 2012

Unreported Tesco work accidents have resulted in the company receiving a substantial fine of 48,000 pounds following an investigation by Bracknell Forest Council.

The council looked into three work accidents which had happened at Tesco stores within council boundaries and found three separate events in which Tesco work accidents had not been reported to the Health and Safety Executive between May 2009 and March 2010.

The council also claimed that Tesco had failed to introduce safe working practices, train its staff or supervise them in the loading and unloading bays of the company´s supermarket in Warfield – prompting concerns that further Tesco work accidents could happen.

Tesco admitted the council work injury claims and was found to be in breach of its duty of care to employees. The company was fined 48,000 pounds for “failing to report an accident to the relevant enforcing authority” with cost of 25,000 pounds being awarded to Bracknell Forest Council.

Speaking after the investigation into the Tesco work accidents, David Steeds, Bracknell Forest’s head of environmental health, said “It’s vital that companies stick to health and safety rules so their employees remain out of danger at work. Unfortunately, Tesco failed to keep to these rules and, as a result, employees were injured – quite seriously in one of the cases – or put in harm´s way.”

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Tesco Customer Injury Compensation Agreed for Pensioner

February 17, 2012

An eighty-year-old man, who fractured a metatarsal bone in his foot after slipping on a wet floor in Tesco, has agreed to a settlement of Tesco customer injury compensation after a two year wait.

Ronald Fryer from Worcestershire made a claim for Tesco customer injury compensation after he slipped at the entrance to the St. Peter´s Drive Tesco supermarket in Whittington in October 2009.

In addition to bringing his accident to the attention of the store management, Ronald went immediately to the Worcestershire Royal Hospital where X-rays revealed that he had fractured a metatarsal bone in his foot.

On his discharge from hospital, Ronald contacted a solicitor and established that he was able to make a foot injury claim against Tesco due to the supermarket´s negligence in failing to provide their customers with a safe environment in which to shop.

Tesco initially denied their liability for Ronald´s fractured metatarsal bone and declined to discuss his claim for Tesco customer injury compensation. However, prior to court proceedings being issued, Tesco made an undisclosed offer of Tesco customer injury compensation which Ronald accepted.

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Supermarket Injury Compensation for Slipping on Wet Surface in Shopping Centre

December 9, 2011

A woman, who sustained shoulder and hip injuries when slipping on the access bridge to a Leicestershire shopping centre, has secured supermarket injury compensation for slipping on a wet surface in a shopping centre.

Gweneth Bowler was at the Highcross Shopping Centre in Leicester with her daughter when the accident happened in January 2011. The 64-year old grandmother was walking through a covered walkway which links the shopping centre car park with the stores, when she slipped on a wet surface and fractured her rights shoulder and hip in the fall.

While recovering from her injuries, Gweneth contacted Leicester City Council about the hazard, prompting the council to start a health and safety inspection. The inspection revealed a number of places where the owners of the shopping centre – Hammerson PLC – were failing in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather.

After taking legal counsel, Gweneth filed a claim for supermarket injury compensation against Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed sum.

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Asda Slip and Fall Claim Settled

September 25, 2011

A second compensation personal injury claim for a slip and fall in Asda´s Rivergate store in Peterborough has been settled for an undisclosed sum.

This comes after Peterborough County Court finding in favour of Thomas Wardle earlier this year and awarded him 10,500 pounds after he injured his back when slipping on a grape.

On this occasion the victim was 74-year-old Patricia Hill of Orton Goldhay, who hurt her knee and ankle after slipping and falling on vegetables in a non-fruit and vegetable isle while shopping in May 2008. Mrs Hill was found to have a closed fracture of the tibial plateau when she arrived at Peterborough General Hospital and had to remain in hospital for 5 days.

Three years of treatment later, Mrs Hill still suffers discomfort in her knee and ankle, and doctors have told her that she is likely to need knee replacement surgery in the near future and has a 50 per cent chance of developing osteoarthritis. Mrs Hill has no family living near her in Peterborough, and has had to rely on friends and paid help to help her with household and personal errands during her rehabilitation.

Asda agreed to a “substantial” out-of-court settlement, the details of which Mrs Hill did not wish to reveal, but the same supermarket store has another slip and fall injury claim to contend with which is due to be heard in Peterborough County Court later this year.

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Tesco Employee Injury Claim for Crushed Hand Settled Out of Court

February 11, 2011

A former Tesco employee, who made an injury claim for compensation after crushing her hand at the company´s superstore in Duloch Park, Fife, has had her claim settled out of court for an undisclosed amount.

Shona Foreman  from Alloa in Clackmannanshire made the Tesco employee injury claim after her hand was crushed between two metal cages during a delivery to the store in 2006. The accident happened as Shona was assisting with a delivery and, due to the limited space available, moved to one side to allow an employee through.

Unfortunately the space that Shona left was insufficient, and the cage being pushed by her colleague crashed into her own, crushing her hand between the two. The mother of one from Alloa in Clackmannanshire was immediately taken to hospital by her manager, where she was diagnosed with nerve damage and a soft tissue injury.

Shona returned to work the following week and, despite having her hand in a plaster cast, was allocated a job on the checkout, where she was expected to lift customer´s shopping and aggravated her injury as a result. Shona eventually left her job at Tesco following a warning about the amount of time she was taking off of work because of her injury.

After taking legal advice, Shona made a Tesco employee injury claim – alleging that the working practices at the Tesco store in Duloch Park had been responsible for her original injury and that the injury which Tesco were responsible for was then exacerbated by the company´s lack of care for her condition.

Tesco denied responsibility for Shona´s Tesco employee injury claim but, shortly before the case was due to be heard in court, admitted liability for her injuries and offered an undisclosed offer of compensation in settlement of Shona´s Tesco employee injury claim, which Shona accepted after advice from her solicitor.

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Marks and Spencers Compensate Supermarket Slip Victim

September 6, 2010

An elderly customer has been awarded 7,500 pounds in supermarket compensation after breaking her hip when slipping on a prawn cocktail in her local Marks and Spencers store.

Janet Morritt, 71, from Perth, Scotland, was grocery shopping at the Marks and Spencer store in High Street, Perth, when she slipped on a greasy mixture of water and a prawn cocktail which had leaked from a close by chilled food cabinet.

Janet crashed to the floor, breaking her hip and requiring the insertion of a plate and screws during the resulting eight days spent in hospital. She now has to walk with the help of a stick and requires a wheelchair if making long journeys.

The MacMillan Cancer volunteer sought legal advice and sued Marks and Spencers for “fault and negligence”, alleging that it was their duty to take reasonable care for the safety of their customers and not expose them to unnecessary risk of injury.

Marks and Spencers disputed the supermarket compensation claim, stating that Janet had a duty to watch where she placed her feet, however Perth Sheriff Court ruled out the counterclaim of contributory negligence and found against the chain store – awarding Janet 7,500 pounds compensation.

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