Can I still claim compensation for my daughter who sustained injury tripping in furniture store if it was partially her fault?
I cannot tell you if your daughter can claim for sustaining an injury tripping in furniture store without knowing the specific circumstances of the accident in which she suffered her injury and also the extent and location of this injury. The only one who will be able to give you this information is a personal injury claims solicitor with experience in dealing with furniture store related injury claims that has full knowledge of the accident. However, since you seem certain of it being partially her fault then contributory negligence is likely to be an issue should you pursue a furniture shop injury compensation claim.
Contributory negligence can be an issue with a personal injury claim in instances when an accident victim is considered to have attributed to the injury that they have suffered. This can be due to many reasons, for instance if someone helped cause the accident in which they sustained an injury, or if they failed to seek prompt medical attention and thus exacerbated their injury. Whatever the circumstances may be in your daughter’s case, it does not mean that she won’t be eligible to make a claim; however it may mean that her final settlement will be reduced by a certain percentage to reflect her carelessness.
If your daughter is under the age of eighteen then you or another legal guardian without a conflict of interest will have to speak on her behalf as her “litigation friend” if you decide to pursue a claim for your daughter sustaining an injury tripping in furniture store. This is because under UK law, minors are not permitted to advise a solicitor or pursue a claim for themselves. If it is preferable to wait until she is older than this is also a possibility, as the usual three year time limit on making a tripping accident in furniture shop compensation imposed by the UK Statute of Limitations does not actually begin until a child turns eighteen.
It is in your best interest to discuss your claim with a personal injury claims solicitor at the first possible moment. They will be able to give you more specific information than is provided here once they evaluate your daughter’s claim. If they think that your daughter has a considerable chance of success, then they may offer to represent her in her claim for sustaining injury tripping in furniture store.