Can people make ankle sprain claims when they fall in shops? I sprained my ankle when I slipped on a squashed tomato on the floor of my local supermarket.
Making ankle sprain claims against shops is possible when it can be established that the accident which produced the injury occurred due to the negligence of the shop’s management or its staff. You could claim against the supermarket because you slipped on a tomato on the floor as the supermarket has a duty of care to provide their customers with a safe environment in which to shop. However, it should be noted that negligence can sometimes be hard to prove as the supermarket’s duty of care is not “absolute”.
Therefore, ankle sprain claims cannot be made if the hazard that caused the accident had not been on the floor for a long enough time to “reasonably” expect staff to immediately become aware of the problem and to remove it – if it had just fallen out of another customer’s shopping trolley, for example. On the other hand, you may be able to claim compensation for an ankle sprain if it can be proven that the tomato had been present for some time, or if the fruit and vegetable section of the supermarket is frequently littered with vegetable debris.
In order to establish whether you qualify for ankle sprain claims compensation “in the balance of probabilities”, CCTV footage can be accessed to indicate how long the tomato had been on the floor for. Additionally, your solicitor can speak with members of the supermarket staff and customers to investigate whether any similar claim for sprained ankle compensation had been made before.
It is often the case that those who make ankle sprain claims are approached by the supermarket’s insurance company with an early offer of compensation. You should be aware though, that such offers are known to undercompensate the accident victim and should immediately be referred to an experienced personal injury solicitor who can establish whether it is an accurate reflection of not only the physical injury but the impact it has had on your quality or life.
The actual amount of compensation people should receive in their ankle sprain claims if it was assessed by the Injuries Board Ireland may be significantly more than what they would receive directly from an insurance company. You are strongly recommended, therefore, to speak with a solicitor at the first possible moment – not only to determine the amount of compensation for an ankle sprain you are eligible for but to assist in assembling any relevant evidence.