I was wondering if I can claim compensation for slipping on a grape in Marks and Spencers. I broke two fingers when I slipped last month and when I returned to the supermarket they offered to pay me 5000 Euro. Is this enough or should I take legal action?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It is difficult to say for sure whether the 5000 Euro payment offer for compensation for slipping on a grape in Marks and Spencers is an adequate settlement, as each person in each individual case reacts differently to the consequences of their injury – in both a physical and emotional sense. It is recommended that you seek the assistance of a solicitor if you are unsure as to whether the amount offered by Marks and Spencers is enough.
On pursuing legal action for a compensation for slipping on a grape in Marks and Spencers claim, the resulting settlement is usually calculated by factoring in a number of elements. Compensation for pain and suffering is evaluated according the extent and severity of the injury in relation to your age and general state of health before your health.
Additionally, you may be eligible to include “loss of amenity” in your compensation for slipping on a grape in Marks and Spencers claim. This refers to what impact the injury you sustained in the fall has had on your social and personal life, i.e. if you were a bodybuilder and can no longer adequately lift weights or if you are unable to satisfactorily perform everyday tasks or partake in social events. Finally, you may be able to recover any financial costs you have incurred, such as painkillers, or for the use of public transport if you cannot drive your own car.
Marks and Spencers may have calculated the value of your compensation by referring to previous similar cases or by using an online compensation calculator. While this may give a general overview of what you may expect to receive, it can in no way reflect your personal circumstances and therefore, you may be entitled to more than what was offered by Marks and Spencer’s insurers as each individual case should be assessed by its own individual merits.
You would be advised to keep a diary to take note of every time your injury prevents you from enjoying a full, active life. You should also retain any receipts for costs that can be attributed to your injury. After giving these details to a solicitor, he or she will be able to give you a preliminary idea of how much compensation you should be eligible for. Since most solicitors offer a free initial consultation, this information can be sought without any extra cost to you.
After you hear your solicitor’s assessment, you can decide on whether to accept the offer of compensation for slipping on a grape in Marks and Spencers or if you should pursue legal action.