How do I prove that an accident was not my fault in a claim for supermarket injury compensation? I slipped on a greasy floor in the supermarket and broke my wrist, but the manager says that there was no hazard present?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

How do I prove that an accident was not my fault in a claim for supermarket injury compensation? I slipped on a greasy floor in the supermarket and broke my wrist, but the manager says that there was no hazard present?

Answer:

Proving the negligence of a supermarket when you have sustained an injury and wish to make a claim for supermarket injury compensation after the event can often be difficult. The greasy hazard on which you slipped will probably have been cleared up soon after your accident happened and, if there were no witnesses who can confirm the cause of your injury, it is understandable that you are concerned that the supermarket will not be held accountable for your broken wrist.

However, if your accident happened in a store such as Tesco, Dunnes Store, SuperValue or Superquinn, it is likely that the store will have CCTV cameras monitoring the supermarket. Even if the security cameras did not capture the moment of your slip on a greasy supermarket floor, they should reveal other people slipping in the area that your accident occurred in and support your supermarket injury compensation claim by determining that a hazard was present.

Assuming you have received professional medical attention for your broken wrist – and not just First Aid treatment after your slip on the greasy supermarket floor accident – you next step should be to speak with a solicitor about making a claim for supermarket injury compensation as soon as possible. Because it would appear that the supermarket is going to contest your supermarket injury claim, it is vital that a solicitor gains access to the supermarket security tapes before they are erased and recorded over.

There is no point – at this stage – of making a claim for supermarket injury compensation through the Injuries Board Ireland, as they will simply send a letter to the supermarket asking them if they will allow the Injuries Board to make an assessment of your supermarket injury claim. The supermarket could take the full 90 days to respond and deny liability, by which time any evidence of their negligence could be untraceable.

Therefore, it is imperative that you speak with a solicitor about your supermarket injury claim for compensation as soon as possible and tell him or her of the haste that may be required to establish that the supermarket was negligent. You should also maintain a diary recording how your broken wrist prevents you from achieving day-to-day tasks and enjoying social or leisure pursuits in order that how much compensation for a supermarket injury you receive realistically reflects the impact that your injury has made to your quality of life.