Can I claim compensation for tin falling on my foot in a supermarket if it happened a month ago? I broke four toes and have been unable to work.

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

It is possible for you to claim compensation for a tin falling on your foot in a supermarket if you can support your claim through eye witness statements or by referring to CCTV footage. As your accident occurred one month ago, it would be in your best interests to act as quickly as possible, as gathering the details of witnesses may be difficult at this stage and the images recorded on CCTV may have been erased.

A supermarket has a duty of care towards its customers and can be shown to have been negligent in that care if evidence exists such as CCTV footage or witness statements, which can support your compensation for a tin falling on your foot claim. You can retrieve the images of your accident on the supermarket’s CCTV by sending an “Access Request” to the supermarket, stating the time and date of the accident and giving a brief description of yourself so that the footage can be retrieved in the fastest possible time.

If no witnesses can be located or CCTV footage cannot be found, you should still have your accident recorded in the supermarket’s “Accident Report Book”, which they are legally required to have on site. It may be the case that supermarket staff recognises that accidents similar to yours have happened before, or that other similar accidents have been recorded in the book.

You would be well advised to contact a solicitor to discuss compensation for tin falling on your foot at the first practical moment, particularly since your accident occurred one month ago and you have been unable to work, suggesting that your mobility has been reduced. A solicitor is in a good position to determine whether or not you have a viable case and if you do, can recommend the best course of action to take.

Each compensation claim is unique and despite the fact that your accident occurred one month ago you may still be eligible to make your claim. A solicitor will be able determine whether pursuing legal action is worth your while and if witnesses or CCTV footage cannot be found, can identify alternative ways of proving a breach in the supermarket’s legal duty of care to you.