Public Injury Claim against M&S in Ashton

Posted on April 3, 2023

A trip to Marks and Spencer in Ashton-under-Lyne, Tameside, left our client with substantial leg injuries and a public injury claim for compensation when a freezer cabinet kick plate became detached and fell on her leg.

Supermarket injuries are more common than people think. Often wet flooring can cause a slip or trip, defective equipment and shelving can cause injury, as can falling displays and uneven flooring.

Public Injury Claim against Marks and Spencer

In this case, our client was food shopping at Marks and Spencer in Ashton, when a kick plate from the freezer fell onto her lower leg, causing her injuries.

The plate was completely detached from the freezer unit and our client and her daughter, who was with her, reported it to the staff at the shop. At the time, staff members tried to secure the plate but were unable to do so. Less than a week later, the daughter returned to the store and the plate was not fixed into place.

An accident form was filled out at the time, but our client was not given a copy and after the incident, no follow-up contact was made with her.

Public injury compensation

As with all public premises, supermarkets have a duty of care under the Occupiers’ Liability Act 1957 and in this case, the plate was not properly attached to the freezer unit. Had it been so, the accident would not have occurred.

“In this case Marks and Spencer were in breach of their statutory duty under section 2 of the Occupiers Liability Act. Their negligence caused the injury, pain and suffering to our client. We were able to secure a £6,000 out of court compensation settlement for her,” said Head of Personal Injury at Pearson Solicitors, Mike Talbot.

“This lady did have substantial injuries and was very shaken by the accident. She had a pre-tibial haematoma which required two months of treatment and community nurses said it would affect her leg for a period of three years post- accident,” he added.

Whilst most injuries that occur in shops and supermarkets are minor, some can lead to long-term injury problems, further physiotherapy and other medical treatments and that is when compensation can help out.

“In cases like this we have to prove the supermarket has been negligent and acted here on a No Win No Fee basis,” said Mike. “In compensation cases as well as general damages for pain and suffering, in addition, we can also claim special damages for any loss of earnings, travel, medical expenses or any care that the client needs, or to compensate relatives or friends for their care and expenses.”

How can we help

Our personal injury solicitors regularly act for clients who have had an accident in a supermarket or in a public store.

For expert legal advice or to see if you have a personal injury claim contact us on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.