20th March 2020
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Question: I tripped over an advertising display in Tesco and sprained my wrist in the fall. Is it possible for me to make a personal injury claim?
Answer : If you are to make a personal injury claim against Tesco, you will have to show that the supermarket was negligent in its duty of care towards the general public and its employees. Supermarkets must take all reasonably practicable steps to protect the health and safety of everyone in their stores, and this involves ensuring advertising displays do not create tripping hazards. Risk assessments should be conducted regularly, and whenever a hazard is spotted, it should be dealt with immediately.
Therefore, advertising displays should not pose a danger to the public, and should not be used if they do. Displays should be positioned in a well-lit area and in such a way as to ensure they do not jut out and lead to trips.
However, it could be argued that you were not behaving in a ‘reasonably attentive’ manner when you tripped over the display, and that Tesco did not breach its health and safety requirements.
To support your compensation claim, you could take photographs of the advertising display you tripped over or take down the names and telephone numbers of anyone who witnessed the accident. You must tell Tesco about the accident and ensure they record your report in the accident book – you can do this any time after the incident, but it is best to do this as early as possible.
You should also receive medical treatment for your wrist injury, so visit a doctor or the hospital to have your injury looked at, treated, and recorded in your medical records.
Speak with Clearwater Solicitors today to receive the clear, independent and professional advice you need for your personal injury claim. Put a few key details in our online enquiry form or call us on 08000 430 430 to find out how we could help you!