Public Liability Question

gerlep

My wife slipped on a wet floor in the local Budgens. She tore a ligament in her shoulder, and is now in a sling. Can anyone advise what the next step is, in trying to claim some form of compensation, as she won't be able to work for a while. Thanks.

Sandtree

Was it reported to the store at the time and put in the accident book?

Check your home insurance, union, any associations your in, to see if any provide legal expenses cover to appoint a law firm to deal with the claim. At a minimum they;ll discuss the circumstances and advise what your prospects are.

In the absence of any legal expenses cover then ask friends/family for recommendations of a no win, no fee law firm.

Just because you slip doesnt mean you can claim, you have to prove that the store was negligent and the stores insurers will defend the claim against their policyholder.

gerlep

It was reported to the store, have had subsequent conversations with them. Not sure if it was entered into an accident book, I'd say not. Is this something I should ensure they do? They have CCTV footage of the incident, of which I am going to get a copy.

Sandtree

Yes, any accident should be recorded into the accident book.

You can ask for a copy of the CCTV but be aware there can be issues in getting it due to the data privacy rights of other customers/employees which may be captured in frame. Sometimes they will simply refuse and other times they will quote a price for editing the video. Used to come up against this all the time back in my insurance claims days when defending against claims (motor accidents, not generally PL)

gerlep

Thanks for your responses, appreciate it. I am actually going to view the CCTV footage today, my intention was to film it, just the incident obviously. Do you think they would allow it?

Sandtree

gerlep said:

Thanks for your responses, appreciate it. I am actually going to view the CCTV footage today, my intention was to film it, just the incident obviously. Do you think they would allow it?

On the basis they are allowing you to view it, which creates exactly the same GDPR issues, then they are less likely to have issues.

Local stores/branches tend to be more flexible/ignorant but if they refer to HO thats when the Data Protection Officer gets involved and stops the sharing or suggests the £1,000 bill to edit the video.

Even if they wont share it etc then you should ask that they keep it rather than allow it to be overwritten/deleted in the normal 30 day cycle (or whatever their timeframe is) so at least there is more time to consider options for securing a copy

gerlep

Thank you! Will come back to you if you don't mind.

[Deleted User]

gerlep said:

Thanks for your responses, appreciate it. I am actually going to view the CCTV footage today, my intention was to film it, just the incident obviously. Do you think they would allow it?

You viewing the footage is not evidential, don't be surprised if the offer is withdrawn.
As far as recording it, what's in it for them to permit this? (and I suspect their insurer may take a dim view as well.)

pinkshoes

gerlep said:

My wife slipped on a wet floor in the local Budgens. She tore a ligament in her shoulder, and is now in a sling. Can anyone advise what the next step is, in trying to claim some form of compensation, as she won't be able to work for a while. Thanks.

Compensation will depend on whether they were deemed to be negligible e.g. where they aware of the water on the floor? Why was there water on the floor? (customer spillage or a shop worker spilt?). If they were aware, had they put a sign up warning people? Was the floor wet because it was raining and wet customer shoes? (in which case that wouldn't be negligence rather than care needed due to floors being slippery when wet).

lincroft1710

pinkshoes said:

gerlep said:

My wife slipped on a wet floor in the local Budgens. She tore a ligament in her shoulder, and is now in a sling. Can anyone advise what the next step is, in trying to claim some form of compensation, as she won't be able to work for a while. Thanks.

Compensation will depend on whether they were deemed to be negligible 

I think your predictive text has done you a disservice, the word it should have given you is negligent