A huge watermelon fell onto my foot from a stock trolley when I was shopping in Tesco the other day, can I claim big toe injury compensation?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

You may be entitled to big toe injury compensation; provided that it can be proven that the accident was caused by the negligence of another party. Supermarkets have a legal duty of care towards their customers to provide them with a safe shopping environment. If your injury was caused by improper training, or another form of negligence, you may make your claim against the supermarket. However, their care is not “absolute” meaning that if the watermelon was made unstable by another customer, for example, and if staff were unable to reinstate stability and safety in a “reasonable” length of time, they will not be deemed responsible for your injury and no claim can be made against them.

You can prove evidence of negligence by undertaking a number of procedures. Your health should have been your primary responsibility and your toe should have been examined by a medical professional as soon as possible following the accident where it will have been noted in your medical history and can be used to support your claim, if necessary.

Another procedure that would be beneficial to your big toe injury compensation claim is if you had your injury noted in the supermarket’s “Accident Report Book”. Your claim could be further supported by witness statements and footage from CCTV that can be accessed by giving the time and date of the accident and a brief description of yourself. The images may establish how long the watermelon had been in a precarious position for and the efforts taken by staff to rectify the situation.

You would be well advised to engage with a solicitor who can gather evidence on your behalf to support your big toe injury compensation claim if you have not already done so. A solicitor would also be able to advise you on whether or not your claim is, in fact, viable in an initial consultation – which most solicitors offer without charge. Additionally, you can refer any compensation offer from the negligent party’s insurance company that you may potentially receive to your solicitor who could determine if the amount offered is a fair and reasonable reflection of your injuries and the impact they have had on your life.