In this article, we will look at the shopping centre accident claims process. If you had an accident in a public place, you might be eligible to make a personal injury claim for compensation. We look at the key legislation that helps protect the public’s safety.
You may wonder how to claim personal injury compensation. In this article, we bring you through the personal injury claim process. We look at what evidence is needed as well as the personal injury claim time limit. Additionally, we investigate how much compensation you could claim if you were harmed by negligence.
To conclude, we look at the advantages of hiring No Win No Fee lawyers. A No Win No Fee solicitor could support your claim under a Conditional Fee Agreement.
Should you have any questions about shopping centre accident claims, you can get in touch with our advisors:
- Start your claim online.
- Call us on 020 8050 2736.
- Alternatively, use our live chat feature to the bottom of this page.
Shopping centre accident claims guide
Choose A Section
- What Is An Accident In A Shopping Centre And How Could One Happen?
- The Criteria To Claim Compensation For An Accident In A Shopping Centre
- Compensation Payouts In Shopping Centre Accident Claims
- Important Evidence In Shopping Centre Accident Claims
- Claim Compensation With Our Panel Of No Win No Fee Solicitors
- Read More About Shopping Centre Accident Claims
What Is An Accident In A Shopping Centre And How Could One Happen?
Before we examine how to make a personal injury claim for injuries sustained in a shopping centre accident, we’ll look at what incidents could result in public liability compensation eligibility.
Additionally, a shopping centre injury could occur within a shop, the shopping centre itself or on one of the walkways. Establishing liability in personal injury claims is vital; we’ll explore the process of doing so later on.
Examples of shopping centre accidents could include:
- Slips, trips and falls. These could result in a variety of injuries, such as a broken leg. For example, you could fall down the stairs due to a faulty handrail or slip on a wet floor.
- Falling or moving objects could cause a head injury. For example, items could be poorly stacked on a shelf and fall from a height, or a hanging sign could break.
- A shopping centre’s car park also presents injury risks. These could include tripping over paving or even being hit by the barrier.
However, in order to make an accident in a shop claim, you must be able to prove that your injuries were caused by third-party negligence. We examine negligence in the next section.
Free legal advice about shopping centre accident claims is available from our advisors 24 hours a day, 7 days a week.
The Criteria To Claim Compensation For An Accident In A Shopping Centre
Parties in control of a public space have a duty of care towards people with access to that space under the Occupiers’ Liability Act 1957. This means that the party in control of the space must ensure that the public is reasonably safe from hazards.
However, shopping centre accident claims could occur anywhere within the shopping centre, as we stated above. You will need to establish which party had control over the space.
For example, a slip, trip or fall could occur within a shop. In that case, the controller of the shop would be the responsible party. However, should the accident occur while walking between shops, the responsible party could be whoever is in control of the shopping centre itself.
Additionally, you may suffer a trip and fall on the pavement outside the shopping centre. If that is the case, it could be a personal injury claim against the council.
You must also be able to prove that the occupier did not ensure your reasonable safety. For example, you may suffer an injury if an object falls on you from a height.
If the occupier was aware that the object presented a risk and did not reduce that risk, you might be eligible to make a serious injury claim. Later on, we’ll explore what evidence you could submit to support your claim.
Call our advisors to learn more about proving liability in shopping centre accident claims.
How Long Do I Have To Claim Compensation After An Accident In A Shopping Centre?
In addition to proving your injuries suffered in an accident in a shop were caused by third-party negligence, you must start your claim within the three-year time limit. The time limit usually starts on the date of the accident. However, it may start on the day that your injuries were connected to third-party negligence. This is set under the Limitation Act 1980.
The time limit can be suspended in some circumstances. These include:
- Lacking the mental capacity to start a claim at the time of the accident. A litigation friend could start an injury claim at any point on behalf of a person lacking the mental capacity to claim themselves. However, should the claimant regain capacity, they have 3 years in which to claim themselves.
- Claimants under the age of 18 at the time of the accident in a public place. A litigation friend could bring a claim on their behalf. However, should a claim not be started while they’re under 18, they will have 3 years in which to claim once they come of age.
Compensation Payouts In Shopping Centre Accident Claims
You may wonder how much compensation for negligence you could be eligible for. Payouts for personal injury claims vary. Therefore, we can’t provide exact personal injury claim amounts. However, we can examine what you could claim for injuries suffered in a shopping centre accident.
Firstly, if your claim is successful, you will receive general damages. This is compensation for your pain and suffering. In the table below, we provide examples of guideline figures from the 2022 edition of the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to help them when valuing compensation claims.
Injury Notes Potential Compensation
Moderate severe leg injuries (iv) Complicated or multiple fractures or severe crushings, usually to one leg. £27,760 to £39,200
Less severe arm injuries (c) Recovery from significant disabilities has taken place or is expected. £19,200 to £39,170
Facial injuries - jaw fractures (ii) Permanent disabilities, such as difficulty opening mouth or eating from a serious fracture. £17,960 to £30,490
Moderate back injuries (ii) Ligament and muscle disturbance causing backache, or soft tissue injuries causing an acceleration or exacerbation of a pre-existing back problem. £12,510 to £27,760
Moderate neck injuries (ii) Cervical spondylosis, limited movement, pain, stiffness or discomfort from soft tissue, wrenching injuries or disc lesion. £13,740 to £24,990
Severe toe injuries (c) Crush injuries, bursting wounds and injuries that cause severe damage. There will be significant continuous symptoms and possible amputation of one or two toes. £13,740 to £21,070
Serious shoulder injuries Dislocation along with damage to the lower brachial plexus. This causes pain in the shoulder and neck, an achy elbow and sensory issues into the forearm and hand. £12,770 to £19,200
Chest injuries (d) Some permanent damage to the tissue but no long-term impact on lung function. This is from a relatively simple injury. £12,590 to £17,960
Less significant facial scarring (d) One scar or a number of very small scars causing a marred appearance. £3,950 to £13,740
Minor head injury (e) There could be minimal brain damage and possibly some continuing symptoms. £2,210 to £12,770
What Else Can I Be Compensated For In A Shopping Centre Accident Claim?
Some shopping centre accident claims may include special damages. Special damages help recover any costs incurred due to your injuries. However, you must be able to prove your costs.
You could claim back:
- Loss of earnings that you could demonstrate with payslips
- Medical expenses, such as prescription costs if you pay for these yourself, with receipts
- Carer costs could be recovered with invoices
For an estimate of your accident in a shop claim and what you could claim under special damages, get in touch with our advisors.
Important Evidence In Shopping Centre Accident Claims
As we stated earlier, you will be expected to present evidence as part of the personal injury claim process. You need to establish that a third party’s negligence caused your injuries.
Examples of evidence in shopping centre accident claims:
- CCTV or mobile phone footage.
- Photographs of the scene or your injuries.
- Witness contact details.
- Medical records.
This list is not exhaustive. You may have other evidence to prove your claim for damages for negligence. Additionally, you may wish to seek the advice of a No Win No Fee lawyer. A solicitor could advise you on evidence specific to your claim.
Claim Compensation With Our Panel Of No Win No Fee Solicitors
If you would like to claim compensation for an accident in a shopping centre, you could do so with the support of a No Win No Fee solicitor. They could provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
What this means for your shopping centre accident claim is that your solicitor usually won’t ask you for an upfront solicitors fee. A success fee is taken from your payout if you are awarded compenastion. However, should your claim fail, you usually won’t be expected to pay for your solicitor’s services.
Contact Us For Free To See If You Can Claim For Negligence
Our advisors can answer your questions about shopping centre accident claims. If your serious injury claim seems like it is eligible you could be passed onto our panel of solicitors. To get in touch:
- Start your claim online.
- Call us on 020 8050 2736.
- Alternatively, use our live chat feature.
Read More About Shopping Centre Accident Claims
Below, you can find out more about shopping centre accident claims:
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