Mr O was shopping for trainers in JD Sport in Meadowhall. He was looking at trainers that were sitting on a black shelving unit that consisted of rows of black shelves, which varied in length from one to two feet. He bent forward to look at some trainers that were on the lower shelves and as he did, he caught his forehead on the sharp edge of a protruding shelf about five feet off the ground. The sharp edge had no protective covering on it and was very difficult to see as everything was the same colour and the shelves were mostly covered by the trainers.
Cut to head reported
Mr O reported the accident to the store manager, but no first aider or first aid kit was available, and no one had a clue what to do. Mr O attended to his own wound. He later reported the accident to JD Sport by email and received a response offering him £10. Feeling this was completely unsatisfactory, especially as the wound became infected and has now scarred, Mr O contacted Graysons to see if he was able to claim any further redress, and Jonathan took up his case.
Shop must secure public safety
Jonathan contacted JD Sport, claiming, amongst other things, that the company had failed to take reasonable care and had failed to secure Mr O’s safety in the store as required under section 2 of the Occupiers’ Liability Act 1957. JD Sport agreed to compensate Mr O, without the need for a medical assessment, and settled the case for over £2,000. The case was settled within six months of the accident happening and Mr O was happy with the result.
“Owners of premises where the public can visit have a duty to maintain the property and keep it safe for users. Clearly JD Sport had not done so on this occasion and so was negligent and liable for Mr O’s accident, for which he had a right to be compensated.”
If you have had an accident in a shop, or other public place and you are injured or become ill and would like to know if you can make a claim for compensation, contact our experts now. We will make a free of charge appointment in which you can discuss your case and its likely success.
Author: Jonathan West, partner and personal injury specialist.