Can I claim for accident in shopping centre as I walked into a glass door that was not properly marked?
Before you initiate action for a claim for accident in shopping centre, it must be determined that the injury you sustained was due to the negligence of the shopping centre and that they beached their duty of care legally owed to you. According to health and safety regulations glass windows and doors must be clearly marked to make them conspicuous and to prevent injuries. If it can be proven that your injury was sustained due to the supermarket’s lack of care, you should be able to claim shopping centre injury compensation.
If the door was not conspicuous -or if there was some fault with the door such as if it was controlled by an infra-red beam which malfunctioned – you will have adequate grounds to launch an injury claim for shopping centre accident compensation. However, you must bear in mind that the supermarket’s duty of care is not “absolute”, meaning that if shopping centre staff could not possibly have rectified problems with signage or technical issues in a “reasonable” amount of time, a claim for accident in shopping centre may not be successful.
The procedures for pursuing a shopping centre injury compensation claim are quite straightforward. You should have been treated for your injuries by a medical practitioner as soon after the accident occurred as possible. It should be noted that first aid or self-administered treatment does not count as in order to have a viable claim the injury you sustained must have been recorded in your medical history. Another document that will add weight to your injury claim for shopping centre accident compensation would be the report you should have made in the shopping centre’s “Accident Report Book”.
To give further substance, it would have been beneficial to gather the details of any witnesses to the accident, taken photographs of the offending door and to have accessed any available CCTV footage that could indicate how long the door had been without suitable marking.
The most effective way of proving the shopping centre’s negligence would be to engage the services of an experienced solicitor. Even if you have not carried out all of the aforementioned procedures, you would be well advised in speaking with a solicitor as soon after receiving medical treatment as possible. Once your solicitor has confirmed your right to claim compensation for your injuries, he or she could assist with completing the standard procedures. This should be done as soon as possible however; as the supermarket will likely ensure that the door is sufficiently marked and operating as soon as they become aware that an accident occurred – effectively eliminating proof of negligence.
In the case that the shopping centre admits liability and you are approached by their insurers with an early offer of compensation, a solicitor will be able to advice on whether or not it is an amount worth accepting. When your solicitor assesses your claim for accident in shopping centre in the initial consultation – which most solicitors offer without charge – he or she would have incorporated all essential elements that should be included in a compensation settlement. Without the expertise of a solicitor, you may inadvertently accept an unsuitable settlement from the shopping centre that does not adequately represent your injuries or how they have affected your quality of life.