Slipped on a Cherry in a Tesco Supermarket
I slipped on a cherry in a Tesco supermarket, can I claim compensation for breaking my wrist when I fell?
Unfortunately, although you slipped on a cherry in a Tesco supermarket and sustained a serious injury to your wrist, a claim for a slip on a cherry in Tesco is unlikely to be straightforward. The reason for this is that while the presence of a cherry on the floor is certainly a slip hazard, the staff may not have been negligent for failing to remove it.
In order for a claim for a slip on a cherry in Tesco to be possible, your injury must have resulted from negligence and there must have been a failure in a duty of care. The store manager owes customers a duty of care to ensure that customers can visit the store without being placed at an excessive risk of sustaining an injury. The manager must ensure the staff keep the floor clean, and that slip hazards are quickly identified and removed. A failure to take all reasonable steps to ensure the floor was kept clean could represent a failure in a duty of care.
If regular monitoring of the aisles had not taken place to identify the fallen cherry, or if the floor was particularly dirty and had not been cleaned recently, a claim for injury compensation is likely to be possible. If a cherry fell to the floor soon after the floor had been cleaned or if a customer dropped the cherry from a shopping basket just before the accident, it may not have been possible for this to have been noticed by the staff and removed in time to prevent you from being injured.
If eye-witnesses to the accident could confirm that the floor was particularly dirty, statements can be taken to this effect to support your claim. This would naturally depend on whether you were able to record witness contact details before leaving the store.
If the floor was clean apart from the cherry that caused your slip and fall, you must be able to prove that the staff failed to in the duty of care to make the store safe and that, had they have done so, your slip and fall could have been prevented. To do this you are likely to require a copy of security camera data. It may be possible to establish how long the cherry had been on the floor prior to your accident which will help you to establish your injury resulted from negligence of the store staff.
Since evidence may be difficult to collect to support your claim for compensation for slipping on a cherry in Tesco, we also strongly recommend seeking legal advice from a personal injury solicitor about making a claim. A solicitor is unlikely to be able to confirm whether a claim for having slipped on a cherry in a Tesco supermarket can be made without first conducting a full investigation of your case. Witness statements must be taken, an access request made to the supermarket manager to release CCTV camera data, and other evidence will need to be collected to establish negligence.
If it is possible for you to recover compensation for slipping on a cherry in Tesco, a solicitor will ensure that the strongest possible case is prepared to maximise the probability of a successful outcome to your claim.