Compensation for an Accident in an Asda Supermarket

Compensation for an Accident in an Asda Supermarket

There are two possible explanations why there are so many news reports of claims for compensation for an accident in an Asda supermarket. Either Asda regularly fails to provide its customers with a safe environment in which to shop or – more likely – Asda´s public liability insurers contest more claims for an accident in Asda than other supermarket chains.

Assuming that it is no more dangerous to shop in Asda than any other supermarket chain, should you sustain an injury in an Asda supermarket in an accident for which you were not to blame, it would be in your best interests to seek professional legal advice from a solicitor before making a claim for compensation for an accident in an Asda supermarket.

An experienced solicitor will be able to assess whether you have a compensation claim for an accident in Asda which is worth your while to pursue, help to support your claim with evidence that the supermarket – or a member of its staff – was negligent and responsible for your injury, and represent you in litigation if court proceedings are necessary.

For some people, their first conversation with an experienced personal injury solicitor may be a little daunting, and therefore this guide to making a claim for compensation for an accident in an Asda supermarket has been prepared in order to advise you of some the questions you may be asked. Please note that the information on this page is not intended to be a substitute for speaking directly with a solicitor to discuss your specific personal situation.

What Medical Treatment Did You Receive after Sustaining an Injury in Asda?

The significance of this question is that it is important you received a professional medical examination at a hospital or your local GP´s surgery as soon as possible after your accident in Asda and that your injuries were recorded in your medical history.

If you simply relied on first aid administered at the supermarket, or tended to your injuries yourself when you returned home, there will be no official record of the injuries you sustained in your accident at an Asda supermarket and, if you delayed having a medical examination, it could be claimed by Asda´s insurers that you contributed to the extent of your injuries by your own contributory negligence.

The lack of immediate medical attention may not disqualify you from making a compensation claim for an accident in Asda, however how much compensation for an accident in an Asda supermarket you may be entitled to receive could be reduced to reflect your own lack of care.

Was it an Accident in the Asda Supermarket or Negligence?

Sometimes unavoidable accidents happen in an Asda supermarket which could never predicted. You may have slipped on liquid which had spilled from another shopper´s trolley just moments before or tripped over an item which had fallen from a shelf after the previous customer put it back in an unsafe fashion.

In order to make a successful claim for compensation for an accident in an Asda supermarket, it has to be shown that Asda failed in its duty of care to provide you with a safe environment in which to shop – either by leaving spillages and leaks unattended, failing to train their staff to identify potential hazards and have them removed or by neglecting to maintain food storage units in a safe condition.

All Asda supermarkets use CCTV for security purposes and, if you are unsure whether staff at Asda allowed the hazard responsible for your accident to remain unattended for an “unreasonable” period of time, it is possible to submit an “Access Request” to Asda to get coverage of the area in which your accident happened if it is required to support claims for an accident in Asda.

Did You Report Your Accident in an Asda Supermarket to a Manager?

This is an important question for two reasons. If you reported your accident at the time it happened or soon after you had received medical attention, there will be a written record of the accident in the supermarket´s “Accident Report Book” to support your claim for compensation for an accident in an Asda supermarket.

If you reported your accident to a manager, it may also have alerted the company´s public liability insurers who -as mentioned above – have developed a reputation for contesting claims for an accident in Asda. The insurers will launch their own investigation into the circumstances of your accident in Asda and, if they feel that you do have a justifiable compensation claim for an accident in Asda, might make an offer of compensation directly to you (more about this below).

If you have not yet reported your accident in Asda, it is something that can be done when an “Access Request” is made or if your solicitor needs to speak with the staff at the supermarket who were witnesses to your accident. Should you have been taken from the supermarket by ambulance to hospital because of the nature of your injuries, the store manager should have made a report to the Health and Safety Executive (HSE), and this is something that your solicitor will look into when compiling your compensation claim for an accident in Asda.

Have You Maintained a Diary Since Your Accident in Asda?

Inasmuch as this might appear to be an unusual question to ask, there is a good reason for it. Compensation for an accident in an Asda supermarket is calculated not just according to the extent of the injury you sustained, but also on the effect that the injury has on your quality of life and your ability – or lack of it – to perform everyday tasks.

If, for example, you are unable to enjoy leisure or social pursuits because of the injuries you sustained in an accident in Asda, you should keep a record of the occasions on which leading a full and active life was not possible and how this made you feel. Furthermore, you may also be able to claim compensation for an accident in an Asda supermarket for any emotional trauma you suffer – either at the time of your injury or during your recovery.

A diary is also a good place to keep a record of any financial costs you have incurred which are directly attributable to your accident in Asda. Any expenses which can be justified by receipts or invoices can be recovered in a claim for compensation for an accident in an Asda supermarket as well as future costs you may incur for medical treatment or specialist care.

Where You in any Way to Blame for Your Accident in Asda?

Your solicitor might ask this question at the very beginning of your discussion for, in the same way as the lack of an immediate medical examination might affect your entitlement to compensation for an accident in an Asda supermarket, so might any contribution you may have made to the cause of your accident.

Asda´s insurers will be looking for any excuse to reject your compensation claim for an accident in Asda or reduce how much compensation for an accident in Asda they may have to pay, so it is better for you to advise your solicitor if you were liable in any way for the injuries you sustained in an accident in Asda before he or she begins to compile your claim.

If you were partly responsible for the cause of your accident, this does not automatically disqualify you from making a compensation claim for an accident in Asda but, similar to failing to seek immediate medical attention, it could affect how much compensation for an accident in Asda you are entitled to receive.

Have You Been Offered any Compensation for an Accident in Asda Yet?

It was mentioned above about how making a report of your accident in Asda might alert the company´s public liability insurers to your accident and may prompt them to approach you directly with an offer of compensation for an accident in an Asda supermarket.

These offers are frequently made without any assessment of your injuries or the impact they may have on your quality of life and should always be referred to a solicitor. Should you accept an offer of settlement which proves to be inadequate to pay for the medical care you need, you cannot go back to the insurance company and ask for more.

Should you be tempted to accept an offer of compensation for an accident in an Asda supermarket because your injuries have left you in a difficult financial situation, speak with your solicitor. The approach by Asda´s insurers is effectively an admission of their client´s liability for your injuries and your solicitor will be able to apply for interim payments of compensation to ease your financial burden until such time as your compensation claim for an accident in Asda is resolved.

Do You Have any Questions about Your Accident in Asda?

The questions listed above are just a selection of what you may be asked when you first speak with a solicitor about making a compensation claim in Asda, and you may have many more questions of your own depending on your personal situation. No mention in the above list was made of injuries to children, the length of time in which you have to make a compensation claim for an accident in Asda or whether you will have to attend court to resolve your Asda accident claim.

Several more questions may spring to mind after reading this article and it is a good idea to write them down before you call a solicitor. It is also advisable to have a good supply of paper handy to make notes as your conversation progresses as, although most solicitors will not mind if you call them back over an answer you may have forgotten, you might feel reluctant to do so.

Claiming compensation for an accident in an Asda supermarket need not be a difficult experience. If your injury and the negligence of the supermarket can be established without too much difficulty, claims for an accident in Asda can be resolved quickly – enabling you to focus on making a recovery from the injuries sustained in an accident in an Asda supermarket.


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