20th March 2020
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Question: I was shopping in Harvey Nichols when I slipped on a sandwich another customer had dropped. I broke my wrist in the fall. Do I have the right to claim compensation against Harvey Nichols?
Answer: Although we will need more information to determine whether or not you can make a personal injury claim, it sounds like you may be able to. Call us on 08000 430 430 or fill in our online enquiry form to find out more.
Department stores such as Harvey Nichols have a duty of care towards their customers, which means they are legally required to take all reasonably practicable steps to ensure preventable accidents do not happen in its stores. This involves cleaning up after customers and ensuring that slipping hazards are dealt with as quickly as possible.
However, in some cases where people slip on food in department stores, the retailer or its employees have not behaved negligently. For instance, if the sandwich you slipped on fell to the floor a few minutes before you slipped on it, it could be argued that Harvey Nichols could not have reasonably dealt with the mess before the accident happened. If the sandwich had been on the floor for a long time and was trodden in, then this will indicate that the department store’s employees failed to keep the premises in a safe, tidy manner, suggesting the retailer has behaved negligently.
You should report the accident to Harvey Nichols and ask for them to record it in the accident book. The company or its insurers may make an unsolicited compensation offer, but you should not accept this until you have spoken with Clearwater Solicitors. You should also go to the doctor or hospital and have your injuries assessed and recorded in your medical records, even if Harvey Nichols gives you first aid at the scene.
Contact Clearwater Solicitors on 08000 430 430 or fill in our online enquiry form to get in touch with us and find out more information or start making a compensation claim.