Many people do not give a second thought when they fall over at the supermarket. But, when medical expenses and lost pay leave you out of pocket, then considering a personal injury claim is a wise choice. Not all slip and falls in a supermarket lead to a successful claim though. As someone who is trying to decide whether to contact a personal injury lawyer to discuss a recent fall you had, consider these points first.
When is a slip and fall at a supermarket relevant for making a claim?
The circumstances of the slip and fall dictate whether you can proceed with a personal injury claim. In particular, the court will only find in your favour if the accident happened because of negligence or lack of duty of care by the supermarket.
For example, a recent case involved a woman suing Woolworths Ltd for damages after she slipped on a grape and fell in a store. Initially, she received compensation for damages, but late in 2017, an Appeals court reversed this compensation. This was because Woolworths claimed it had procedures in place to keep the produce area clean, but it could not be expected to have perfect procedures in place. The supermarket has a duty of care to keep the shopping area free of hazards, but in this instance, the supermarket had met that duty.
When considering the circumstances of your fall, you need to be accurate in your recollection of what caused the fall to occur.
If in doubt, what should you do?
If you are not 100% sure of whether your fall is one which warrants a personal injury claim, then you must make an appointment to discuss the circumstances with a personal injury lawyer. Before going to your first meeting, gather up the following information to take with you:
- photographs and medical records which document the injury incurred
- copies of correspondence between you and the supermarket if you have already contacted them
- contact details for any witnesses who saw the incident
- documented evidence of other expenses you have incurred, such as loss of wages.
Based on the information you provide to the lawyer, they can advise you whether you do have a case for negligence or failure of duty of care. Once you know the possible outcome of proceeding with a legal suit, then you can decide whether you want to go ahead and file a case against the supermarket involved.Share