When we’re at a shopping centre, we do not expect to suffer any injuries or harm. However, occasionally, shopping accidents do happen. If you have had an accident in a shopping centre, you may be wondering who is to blame.
In this guide, we discuss all the details of shopping centre accident claims. We explain who might be liable for your injuries and when you might be eligible to claim compensation. Furthermore, we look at how compensation is calculated to cover all types of damage if a personal injury claim is successful.
We also provide some examples of how an accident in a public place such as a shopping centre could occur as a result of negligence and what evidence you should gather if you want to prove your personal injury claim.
To conclude, we tell you what time limit is imposed on all public liability claims and how making a compensation claim under a No Win No Fee basis could benefit you.
Our panel of No Win No Fee solicitors are experts in this legal field. To potentially be appointed with one of our panel’s solicitors, please feel free to have a chat with us. Our friendly advisors could assist you and evaluate the basis of your potential personal injury claim. They are also available 24/7:
- Call 0333 000 0729.
- Enter your details on our online contact us form.
- Message an advisor directly in our live support chat box.
Jump To A Section
- Who Could Make Shopping Centre Accident Claims?
- What Could You Claim For An Accident In A Shopping Centre?
- Examples Of Accidents In Shopping Centres
- How To Prove Your Shopping Centre Accident Claim
- Public Liability Claim Time Limits
- How To Make No Win No Fee Shopping Centre Accident Claims
Who Could Make Shopping Centre Accident Claims?
An occupier is someone who has at least partial control of a public space. All occupiers owe a duty of care to each member of the public who uses their space correctly. If an occupier breaches their duty of care, then a member of the public could sustain an injury from this.
As such, if you want to make a personal injury claim against an occupier of a shopping centre, you will need to show these criteria:
- An occupier owed you a duty of care.
- The occupier breached their duty of care.
- As a result of this breach, you were injured.
The section under this explains in more detail an occupier’s duty of care.
Are Shopping Centres Liable For Customer Injuries?
The Occupiers’ Liability Act 1957 establishes the legal responsibility of all occupiers. Occupiers, such as shop owners, must take steps to ensure that the public is reasonably safe from suffering any injuries while in their space. This is their duty of care.
Such steps include implementing measures of health and safety, conducting regular risk assessments in order to reduce hazards as much as possible, and responding to reports of hazards as promptly as possible.
So, if they have not taken the steps expected of them and a customer suffers an injury directly due to their negligent actions, they would be liable for the injuries.
Our advisors will be able to confirm your shopping accident compensation claim eligibility free of charge. Please feel free to contact us and explain your circumstances.
What Could You Claim For An Accident In A Shopping Centre?
There are two types of damages which could potentially determine how much a successful public liability claim is worth. These are called special damages and general damages.
A general damages payout awards compensation for the physical and psychological impacts of any injuries that have been suffered due to a breached duty of care. As such, these factors are just some that are looked at:
- The type of injury and its severity.
- How long the estimated recovery period is.
- What kind of medical treatment is needed.
- How quality of life has changed due to these injuries.
During the process of the claim, you may be asked to attend a medical assessment done by an independent expert. They will create medical reports from this which can be used to calculate the potential value of your general damages. Alongside this, these reports can be compared to the Judicial College Guidelines (JCG). The JCG is a publication containing all sorts of guideline compensation values for all sorts of physical and psychological injuries.
Compensation Table
For your guidance only, we have provided a table containing different figures and injuries from the JCG (please note that the very first figure is not from the JCG). These injuries are just some examples of what someone could potentially sustain following a shopping centre accident.
Please also note that these figures are not guaranteed for what you could potentially receive for your general damages if your shop injury claim is successful. We cannot tell you exactly what you might receive since every claim is unique.
| Injury | Severity | Guideline compensation figure | Notes |
|---|---|---|---|
| More than one severe injury plus special damages | Serious | Up to £1,000,000+ | A payout for suffering multiple severe injuries plus their costs, for example, medication costs and lost earnings. |
| Brain damage | Moderately severe (b) | £267,340 to £344,150 | Cases where the person is in a permanent minimally conscious state and has a severely reduced life expectancy. |
| Less severe (d) | £18,700 to £52,550 | The person's concentration and memory are affected, but despite this, they will make a good recovery and return to normal life and employment. | |
| Back | Severe (a) (ii) | £90,510 to £107,910 | Cases such as nerve-root damage with loss of sensation and impaired mobility. |
| Moderate (b) (ii) | £15,260 to £33,880 | Soft-tissue injuries that cause a pre-existing condition to accelerate by 5 or more years. | |
| Arm | Permanent and substantial disablement (b) | £47,810 to £73,050 | Serious forearm fractures that leads to either cosmetic or functional permanent residual disability. |
| Simple fractures (d) | £8,060 to £23,430 | To the forearm(s). | |
| Neck | Severe (a) (iii) | £55,500 to £68,330 | Fractures or severe soft-tissue damage that leads to chronic conditions |
| Shoulder | Serious (b) | £15,580 to £23,430 | A soft-tissue injury with permanent intrusive symptoms. |
What Could You Claim For Special Damages
A special damages payout awards compensation for the financial impacts of any injuries that have been suffered due to a breached duty of care. These are just some examples of how a public place injury could impact you financially:
- Medication and treatment costs.
- Loss of earnings for any time off work.
- Making home adaptations.
General damages are always awarded in successful public liability claims. However, special damages are not. Because of this, it is vital to keep as much evidence as you can of the finances that your injury has cost you. For instance, any receipts, invoices, payslips, etc.
Please get in touch with us if you require more information about compensation for shopping centre accident claims.
Examples Of Accidents In Shopping Centres
Here are some accidents that could happen in a shopping centre due to an occupier breaching their duty of care:
- You could slip and fall on a spillage due to no wet floor signs being displayed.
- If an object, such as signage, is not properly secured on the walls, it could fall and hit you.
- The shopping centre owner was aware of the broken railing but made no efforts to repair it or put up signs to warn the public. A shopper fell from the second floor because of the broken railings.
There are many different types of shopping centre accidents that could happen. So, have a chat with one of our advisors about your specific public place accident.
Examples Of Injuries In Shopping Centre Accidents
The types of injuries that could be suffered following a shopping centre accident are not exclusive to the below list. However, these are a few examples of common public place injuries:
- Lacerations and cuts.
- Broken and fractured bones.
- Concussions and other head injuries.
- Soft-tissue injuries.
- Back injuries and spinal cord damage.
How To Prove Your Shopping Centre Accident Claim
Here are some useful pieces of evidence that can be collected for shopping centre accident claims:
- CCTV footage from the shopping centre that captured the accident.
- Photographs of what caused the accident and your injuries.
- Witness contact details.
- Copies of your medical records that show the extent of your injuries.
- A diary that you have kept noting your symptoms.
It may be daunting to try and prove how an occupier has breached their duty of care and how this has led to your injuries. Our panel of solicitors know this, and because of this, they can help their claimants collect the evidence they need to make the claims process a lot less stressful. Collecting evidence is just one of the things that our panel of solicitors can do to assist you.
To potentially speak to a solicitor from our panel, contact us today.
Public Liability Claim Time Limits
As established in the Limitation Act 1980, public liability claims must be started within 3 years from the date of injury to still be eligible for personal injury compensation.
This standard time limit applies to everyone except a few types of claimants. These exceptions are if the claimant:
- Is under 18 years old.
- Lacks mental capacity.
For the above cases, the standard time limit will be put on hold. While on hold, a litigation friend may be able to pursue the case on the claimants behalf if the court allows. A litigation friend can pursue the claim until the claimant either:
- Turns 18 years old.
- Recovers mental capacity.
If a litigation friend has not pursued the claim before the above happens, then the standard time limit will commence.
For more information on the shopping centre accident claims time limit, don’t hesitate to get in touch with us.
How To Make No Win No Fee Shopping Centre Accident Claims
You could potentially make a No Win No Fee shopping accident claim with our panel of specialist personal injury solicitors. Specifically, the solicitors work under a Conditional Fee Agreement (CFA).
CFAs mean that you will not have to pay for your solicitor’s work before or throughout the process of the claim. If your claim is unsuccessful, you will also not have to pay.
If you are successful with your claim, your solicitor will take a small percentage of the compensation. This is called a success fee, and success fees are always legally capped.
Why Contact Legal Helpline?
Our panel of No Win No Fee solicitors are legal experts who have worked on many different types of personal injury claims. They can help you try and claim compensation for your pain and suffering. It is free to find out today whether you have an eligible public liability claim:
- Call 0333 000 0729.
- Enter your details on our online contact us form.
- Message an advisor directly in our live support chat box.
Further Information On Shopping Centre Accident Claims
Find a few of our related guides here:
- Learn about the possible legal fees and costs of making a public liability claim and how our panel of solicitors can help with this.
- Look at more examples of public liability claim payouts to see how much compensation could be awarded for public place injuries.
- More information about how to claim compensation after an accident in a shop.
Alternatively, these other pages might be helpful:
- NHS – where to find the nearest A&E to you.
- NHS – how to access your GP health and medical records.
- Gov.UK – how to request CCTV footage of yourself.
If you have been injured in a shopping centre and it wasn’t your fault, we are sorry to hear that. We can answer any questions you have about shopping centre accident claims. Get free advice today.
