Compensation for Falling on Ice in a Tesco Entrance
Is it possible to claim compensation for falling on ice in a Tesco entrance? I severely sprained my wrist and hurt my hip and knee when I fell.
It is possible to claim compensation for falling on ice in a Tesco entrance, provided the supermarket manager failed to take adequate steps to lower the risk of customers slipping and falling on ice in the entrance to the supermarket.
Supermarkets owe visitors a common duty of care under the Occupiers Liability Act (1957), which places a legal responsibility on the supermarket manager to ensure the premises and grounds can be accessed safely in all weather conditions. As far as is reasonably practical, steps should be taken to prevent the formation of ice to reduce the risk of customers slipping and falling in the entrance to a store.
Supermarket managers must ensure that the store has sufficient amounts of grit and rock salt to cover the entrance to the supermarket and common walkways and attention should be paid to weather forecasts. When freezing temperatures are expected, the supermarket manager should arrange for regular risk assessments to be conducted of the entrance and car park, and gritting should be arranged as appropriate.
While it may not be reasonable to expect the supermarket to grit the entire car park, the entrance to the store should have been gritted as a priority to prevent the formation of ice. Not only should gritting of this area have taken place before the store opened for business, but regular applications of grit or rock salt should have continued throughout the day as need demanded.
If the supermarket manager failed in a duty of care to reduce the risk of slipping and falling to a reasonable level, and your accident could have been prevented had all practical steps been taken by the manager under the circumstances, a claim for falling on ice in Tesco should be possible.
When a claim for falling on ice in Tesco is made, it must be supported by evidence of negligence by the store manager. If you were able to take photographs of the hazardous entrance – such as with a mobile phone camera – these can be useful to substantiate a claim.
A fall on ice in Tesco should also have been reported to the store manager so that a report could be made in the store’s accident book and, if you obtained the contact details of any witnesses to the accident or the names of the staff that assisted you after the fall, statements can be taken to support your claim. It is also important that your injuries have been treated at the local hospital or by a doctor, as medical records will be used as proof of injury when making a claim for compensation for falling on ice in a Tesco entrance.
It is probable that you will be entitled to make a claim for a fall on ice in Tesco; however you should speak with a personal injury solicitor to confirm your entitlement to claim. If a claim is possible, you will be advised of the steps you must take next in order to recover compensation from the store’s public liability insurers.