Shopping Centre Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a shopping centre accident we can help.

The purpose of this guide is to help anyone who has suffered a shopping centre accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming shopping centre injury compensation:

Introduction

Many people visit shopping centres on a regular basis statistics show there are over 2.4 billion annual visits not only for shopping but for meeting friends, eating out, or watching a film. They are generally warm, dry and comfortable environments, but with such a high number of visitors there is a potential for accidents.

Supermarket trolley

What are the most common accidents?

Slips, trips and falls wet floors or spillages; escalator falls; entrance door accidents all may cause injury to a visitor. Cuts from sharp edges or broken objects, or bumps from large machinery may be sustained. Centre fittings and promotional materials may fall on visitors.

The range of injuries may include:

  • Broken bones
  • Cuts
  • Whiplash
  • Concussion

Who is responsible for visitor safety?

The Occupiers' Liability Act 1957 states that an occupier of premises has a common duty of care to all his visitors to ensure that they are reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there .

In the case of shopping centres, it is a centre's management who are considered to be the occupier and responsible for their visitors' health and safety.

Do I have a shopping centre injury claim?

You should be eligible to make a shopping centre injury claim if your injury occurred:

  • in the last three years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.
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Claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a shopping centre injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if there is no evidence?

Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a shopping centre injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.

What can I claim compensation for?

Any compensation claim will take into account loss of earnings, expenses incurred as a result of the accident, and pain and suffering sustained.

However if a claimant has contributed to his own injuries by ignoring warnings for example crossing a cordoned off area, or deliberately going the wrong way on an escalator any compensation may be reduced due to his contributory negligence.

Who do I claim against?

Although in many cases it may be clear that the accident was caused by the negligence of the shopping centre ( the occupier ), accidents may also be caused by independent contractors working on the maintenance of the area.

In these cases, providing the occupier has taken steps to satisfy himself that the contractor was competent, then the occupier may not be liable for that contractor's negligence.

Similarly, individual shops have a responsibility for their own premises, and may be liable for accidents occurring in their entrances.

Establishing who to bring a claim against may be complicated . . .

How much compensation can I claim for a shopping centre injury?

The amount of money you could claim for your shopping centre injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your shopping centre injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a shopping centre injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious leg injury can be £40,000

For a more minor arm injury, in isolation, you would typically receive £4,000.

However, if you have a serious leg injury and a more minor arm injury, you would typically receive £40,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a shopping centre injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a shopping centre injury will depend entirely on your specific circumstances.

Your shopping centre injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I get an interim payment?

Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.

Will I have to pay tax on my shopping centre injury compensation?

If you receive financial compensation following a shopping centre injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Shopping centre injury compensation

Calculating how much compensation you can claim for a shopping centre injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your shopping centre injury claim could be worth now:

Calculate compensation

How long does a shopping centre injury claim take?

How long it can take to get compensation for a shopping centre accident can vary significantly.

A simple uncontested occupiers liability claim could be settled in a matter of weeks. However, if liability is denied a claim can take considerably longer. On average an occupiers liability claim takes 6 to 9 months. For more information, see: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your shopping centre injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee, no risk

No win, no fee means that your solicitor will not charge you anything at all if your shopping centre injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making a shopping centre injury claim - even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my shopping centre injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my shopping centre injury claim?

If your shopping centre injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

How do personal injury solicitors get paid?

If your shopping centre injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Shopping centre injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a shopping centre injury claim?

In general, you have a time limit of up to 3 years from the date of the shopping centre injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your shopping centre injury claim becomes 'statute barred'.

Can I claim for a shopping centre injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim shopping centre injury compensation.

In reality, there are a number of factors that can affect whether a shopping centre injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert