I recently cut my knee while travelling on an escalator in my local shopping centre and am considering a claim for compensation. Is it possible to pursue a claim for falling on an escalator in a shopping centre? How much compensation can I expect to receive?
You may be entitled to claim for falling on an escalator in a shopping centre if the accident was not your fault, and if someone else travelling on the escalator or the shopping centre’s management was at fault. For example if your fall was caused by a push from behind, the person who pushed you can be held responsible as they are directly responsible for your accident. If your fall was caused by a fault in the escalator – perhaps a sudden jerking or quickening – the management of the shopping centre may be able to be held accountable. On the other hand, if you cut your knee while running on the escalator or in another way in which you knowingly put your own health and safety at risk, you may not be eligible to claim.
The amount of compensation which may be awarded for your claim for falling on an escalator in a shopping centre will be judged on a number of factors – with the nature and extent of the injury, your age, gender and previous physical health among the primary factors that will be taken into account by your solicitor. They will do this by referring to the Judicial Studies Board Guidelines for General Damages in Personal Injury Claims for an estimate.
You may also be entitled to claim for any loss of amenity –being unable to carry out day-to-day tasks or participate in hobbies – and for any psychological injuries which were incurred. All of the quantifiable expenses that you incurred as a result of your injury – loss of earnings, transport costs for example, can be recouped as part of a special damages package. Retaining receipts for medical devices or prescriptions, bus tickets and evidence that you missed pay as a result of your injury should be kept.
All of the necessary steps for pursuing a claim for falling on an escalator in a shopping centre can be explained to you in greater detail by a legal expert, which as mentioned above can be contacted on our freephone advice service.