Can I claim compensation for slipping on a Tesco floor? I damaged ligaments in my knee when I slipped on a peach in the fruit and vegetable section.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It would be possible for you to claim compensation for slipping on a Tesco floor if the supermarket management or staff can be proven to have acted negligently. All shops are legally expected to provide their customers with a clean and safe environment in which to shop and if this “duty of care” can be seen to have been breached you can make a compensation claim against them.
To someone unfamiliar with the process of claiming compensation for slipping on a Tesco floor, it would be in your best interest to engage with a solicitor who can assist you in gathering the evidence needed to prove the supermarket’s negligence. Ways in which this can be done include speaking with any employee who came to your aid after you tripped or by accessing the images captured by CCTV which can establish how long the peach had been on the floor and can document the efforts made by supermarket staff to remove it. It is worth noting that while supermarkets are responsible for your wellbeing when you are a customer inside their premises, they do not have an “absolute” duty of care. If the peach had only appeared seconds before you slipped, by falling out of another customer’s basket or having been dropped by a child, the supermarket would not be held at fault since staff would not have had a “reasonable” amount of time to remove the hazard.
You should also have your injury recorded in the supermarket’s “Accident Report Book”, if you have not already done so. By doing this, your solicitor can investigate whether any other similar incidents, which have occurred due to the supermarket’s negligence, have been noted in the book.
It is possible that if the supermarket admits liability, you may be approached by their insurance company with an offer of compensation for slipping on Tesco floor. Should you receive such an offer, it should be referred to your solicitor immediately. He or she can determine whether it would be worth your while accepting, for many unsolicited offers of compensation such as these do not adequately represent the amount of compensation you should be entitled to, by not accounting for every element, such as “loss of amenity” i.e. how your injury has affected your quality of life.
Once in possession of the evidence needed to support your compensation for slipping on Tesco floor claim, your solicitor will be able to give you a preliminary estimation of how much compensation you are eligible to receive. If the compensation offer by the supermarket’s insurers is deemed inadequate, your solicitor can advise you on the best way to proceed with your claim. If no such offer is made and the supermarket denies liability, your solicitor can assist with submitting an application for assessment to the Injuries Board Ireland.