How do I claim injury compensation for an accident in a supermarket if the store in question denies they were at fault for an advertising display which collapsed onto my foot, breaking three bones?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

How do I claim injury compensation for an accident in a supermarket if the store in question denies they were at fault for an advertising display which collapsed onto my foot, breaking three bones?

Answer:

There are several ways in which you may be able to establish “fault” when claiming injury compensation for an accident in a supermarket, but you will probably need the assistance of a solicitor to help you with some of them – especially if you are immobile from your injured foot.

A solicitor would look at three ways of establishing that the supermarket failed in its duty of care to provide you with a safe environment in which to shop, and these would be:-

1. Speak with staff and customers at the supermarket to discover whether any of them were aware of the faulty advertising display
2. Review entries in the supermarket´s “Accident Report Book” to see if either staff or customers have previously reported an injury due to faulty displays
3. Review CCTV film that supermarkets such as SuperValue, Superquinn, Tesco and Dunnes Stores have to improve their security to look for incidents which may have occurred previously, but which may not have resulted in an injury and were therefore not reported.

Usually the security film will reveal sufficient evidence to support a compensation claim for an accident in a supermarket and your solicitor will approach the supermarket´s insurers immediately to negotiate a settlement of compensation on your behalf. How much compensation for an accident in a supermarket you will be entitled to will be calculated according to the extent of your injury in relation to your age, sex, general state of health before the accident in the supermarket occurred and what impact your injury has had on your quality of life.

Your question does not reveal whether you have already applied to the Injuries Board Ireland for an assessment of injury compensation for an accident in a supermarket – and your application has been declined because the supermarket has formally denied liability for your injuries – or if you have simply been told by the supermarket that will not accept the blame for your injuries in an attempt to dissuade you from making a claim.

Speed is of the essence when making a claim for an accident in a supermarket, as the memories of staff and witnesses may well fade, or security tapes may be erased or recorded over which could support your accident in a supermarket compensation claim. Therefore it is your best interests to contact a solicitor at the earliest possible opportunity and discuss the circumstances of your accident and injury in the supermarket – explaining to him or her how you are aware that the supermarket is denying liability for your injuries and to establish how much compensation for an accident in a supermarket you may be entitled to receive.