I fell in a shop recently and fractured my elbow, can I claim for “slipped on a wet floor in shop compensation?”
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In order to be eligible to claim for slipped on a wet floor in shop compensation; it must be proven that your accident occurred as a result of a breach in the legal duty of care that should have been provided by the supermarket. Wet floors in shops are recognised as being common slip hazards and the shop management would usually be adamant in making sure that any threat of a customer slipping on a wet floor is eliminated.
However, the shop does not have an “absolute” duty of care, meaning that if your slip happened because of water dripping from the umbrella of another customer who was directly ahead of you, for example, or if a child had just spilt his drink, the shop would not be held responsible for your accident as its staff could not have mopped up the spillage in “reasonable” time. This is why in order to successfully claim compensation for an injury sustained by slipping on a wet floor in a shop; it will have to be proven that the liquid you slipped on had been there for an unreasonable length of time.
Therefore, it is recommended that you contact a solicitor at the first possible opportunity in order to establish whether negligence on behalf of the shop was the cause of your accident and to see if you are entitled to claim for slipped on wet floor in shop compensation. A solicitor can investigate whether similar claims have been made against the same shop in the past and will be able to obtain CCTV footage – if it exists – to see how long the spillage had been there and what steps the shop staff had taken to eliminate it.
There is the possibility that the shop’s insurance company will approach you directly with an offer of slipped on wet floor in shop compensation. Even though this effectively admits their policy holder’s liability, what they offer is unlikely to reflect the amount that you should be entitled to. The value of a compensation claim should be calculated by encompassing various elements – not just to cover the pain you have suffered. Any “loss of amenity” should be brought into consideration, as should any costs you have incurred that can be attributed to your injury which, in the event of a successful claim, can be recovered.
Most solicitors offer a free initial consultation where they can answer any questions you may have and they can assess the details of your claim for slipped on wet floor compensation to determine whether or not it is viable. Additionally, if you have been approached with an unsolicited offer of compensation from the negligent party’s insurers, a solicitor will be able to establish its accuracy in relation to your personal case.