Yesterday I was injured by incorrectly stacked stock in a shop, can I claim compensation? An unstable “pyramid” of crisp containers fell on me when I brushed past it, injuring my back.

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

The fact that you were injured by incorrectly stacked stock in a shop suggests that the shop failed in the duty of care they legally owe their customers, which means that in all likelihood you should be able to claim compensation for the injury you sustained to your back. If the shop neglected to properly train their employees, for example, they can be held responsible for your accident.

On the other hand, it may be that the stacked stock’s instability was caused when a customer incorrectly rearranged the stock as they inspected its contents. In that case, you would not be able to claim negligence against the shop since the accident was not their fault.

You should be able to acquire access to the shop’s CCTV footage – if available -from the time of the accident by providing a description of yourself and the time and date you were injured by incorrectly stacked stock in a shop. These images should prove who was negligible in this situation and can determine whether or not the accident could have reasonably been prevented. You should also have your injury recorded in the shop’s “Accident Report Book”, and you should have an official record of your injuries in your medical history, written by a professional medical practitioner.

If you have not carried out these standard procedures, or if you are overwhelmed about doing so, you may still be entitled to claim for compensation for the injuries you received when you were injured by incorrectly stacked stock in a shop. After consulting with an experienced solicitor who can assess your claim and determine whether it is worth pursuing, he or she will be able to assist you in the gathering of documents you do not yet have – if your case is deemed viable. In the event that the shop accepts liability and their insurance company offers you compensation, your solicitor will be in a good position to establish if it is a fair and adequate amount worth accepting.