1. General Duty of Care Owed by Stores
Yes, a store can be liable for a customer injury. Under the Occupiers’ Liability Act 1957, stores owe a legal duty to ensure customers are reasonably safe while on their premises. This includes:
- Clean, hazard-free floors
- Secure shelving
- Clear signage
- Proper lighting and maintenance
Failure to meet this duty can result in liability.
2. When Is a Store Liable for Injury?
A store may be legally responsible if:
- They knew or should have known about the hazard
- They failed to take reasonable steps to prevent the injury
- Their negligence directly caused the accident
Examples include wet floors without warning signs, poorly stacked goods, or broken steps.
3. Common Types of Customer Injuries in Stores
Typical store-related injury claims involve:
- Slips and trips on spilled liquids or loose flooring
- Falling items from shelves
- Cuts or lacerations from broken glass or fixtures
- Escalator or lift accidents
- Parking lot hazards (e.g. potholes or ice)
These incidents are often preventable with proper maintenance and care.
4. Is the Store Always at Fault?
Not necessarily. A store is not liable if:
- The customer caused their own injury
- A third party created the hazard unexpectedly
- The store took reasonable precautions but an accident still occurred
Each case is judged on the facts, so evidence is crucial.
5. What Evidence Do You Need to Prove Store Liability?
If you’re injured, gather:
- Photos of the hazard and injury
- Witness contact details
- Store CCTV (if accessible)
- A copy of the accident report (filed with store staff)
- Medical records and expenses
The stronger your evidence, the higher your chances of proving negligence.
6. Reporting the Incident to the Store
Always report the injury immediately to the manager or staff. Ask for:
- The incident to be recorded in their accident book
- A copy or confirmation of the report
Prompt reporting creates an official record for your claim.
7. Claiming Compensation for a Store Injury
You may be entitled to claim for:
- Pain and suffering
- Medical costs
- Loss of earnings
- Travel expenses for treatment
- Ongoing care if needed
Claims are typically handled by the store’s public liability insurance provider.
8. Do You Need a Solicitor?
Yes. A personal injury solicitor can:
- Assess your case
- Prove liability
- Handle negotiations with the insurer
- Maximise your compensation
Many offer no-win, no-fee agreements for store injury claims.
9. How Long Do You Have to Claim?
In the UK, you have three years from the date of the incident to make a personal injury claim. If the injury involves a child, the time limit begins when they turn 18.
10. What If the Store Denies Responsibility?
If the store denies fault, your solicitor may:
- Use CCTV, inspection logs, or cleaning schedules
- Get expert witness opinions
- Proceed with legal action in court
Stores must provide evidence of the precautions they took.
Frequently Asked Questions
Q1: Is a store liable if I slipped but there was a warning sign?
Possibly not. If the store had a visible warning sign, they may be considered to have taken reasonable precautions.
Q2: Can I claim if I tripped in a store car park?
Yes, if the car park is owned or managed by the store and they failed to maintain it properly.
Q3: Can I still claim if I wasn’t badly injured?
Yes. Even minor injuries can qualify if they caused pain, inconvenience, or financial loss.
Q4: Who pays the compensation if I win?
The store’s public liability insurance typically covers compensation payouts.
Q5: Can I claim if the store is part of a larger chain?
Yes. Claims can be made against individual branches or the parent company, depending on ownership and responsibility.
Q6: Will I have to go to court?
Most claims are settled out of court. Court is a last resort if liability is denied or a fair settlement isn’t offered.
Conclusion
So, is a store liable for a customer injury? In many cases, yes—if negligence can be proven. If you’ve been hurt in a shop, supermarket, or retail space, act quickly to document the incident and seek legal advice. With the right help, you can secure the compensation you deserve and hold the store accountable.
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