Can You Dispute a Subscription Charge at Small Claims Court? What You Should Know

Common Supermarket Injury Scenarios

Personal injuries occurring in supermarkets are more common than people generally think. Personal injuries tend to happen when staff or management have failed to act in accordance with safety protocols. Some common examples of supermarket personal injuries would include: 

• Slipping/tripping on wet floors that are not marked (e.g., mopped floor aisles without a wet floor sign). 
• Falling off items that were poorly stacked or fell from high shelves.
• Injuries from shopping trolleys/baskets that are defective.
• Cuts from broken glass and broken or sharp edges on girding.
• Strains or sprains from items, such as crates or packaging on the floor between the aisles.

Let’s consider the case of Anna, who slipped and fell on a spillage in the supermarket’s fresh produce area. There were no warning signs regarding the slippery surface, and 8 or 10 staff members walked past the spillage and ignored it. Anna suffered a back injury, which required her to undergo physiotherapy. When Anna made the complaint, the supermarket denied liability. However, Anna took close-up photos, collected witness statements from other shoppers, had the medical report from the doctor, proceeded to file a small claim and was ultimately awarded damages.

Do You Have a Right to Claim Compensation?

You may be entitled to receive compensation if: 

• The supermarket has breached its duty of care to provide a safe place 
• That breach caused your injury 
• You suffered a personal injury, mental anguish, or a loss of money due to the injuries. 

Under the Occupiers’ Liability Act 1957, supermarkets (as occupiers of premises) owe a legal duty to visitors to keep visitors reasonably safe. Some examples of negligence may arise from the failure to remove the hazards, not warning customers of a hazard, or from inaction regarding the status of the premises.

The Consumer Rights Act 2015 also requires businesses to provide services reasonably and skillfully, and a breach of this duty by the supermarket may also support your case.

When Can You Use the Small Claims Court?

If the injury you suffered in your accident was relatively minor (for example, a sprain, a soft tissue injury or temporary pain), and if you’re claiming less than £10,000, then you may wish to pursue your compensation in the small claims court. However, in a personal injury claim, your claim will only be suitable for the small claims track if the general damages (i.e. the value you attach to the injury itself) are less than £1,000 even if total value of claim is £10,000.

This option is ideal if: 

• The supermarket denied your complaint 
• They have provided you with an insufficient goodwill gesture 
• You incurred medical costs, travel costs, or some level of lost earnings 
• You prefer a legal route without instructing a solicitor

What Evidence Will Strengthen Your Case?

To maximise the chance of success with your claim, you need strong evidence to support your claim. Before you make your claim, you should have the following things: 

• Photographs of the hazard (e.g., wet floor, fallen items) 
• A copy of the accident report provided to the supermarket 
• Names of witnesses who saw the accident 
• Medical records or receipts for any treatment received 
• Receipts for any related costs (e.g., treatment, travelling) 
• Any emails or letters exchanged between you and the supermarket regarding the accident 

Keeping detailed and up-to-date records will strengthen your case.

Steps to Take Before Filing a Claim

Step 1. Raise a formal complaint with the supermarket

Outline what happened, what injuries you sustained, and what you are seeking to resolve the problem (reimbursement, apology, compensation, etc.). 

Step 2. Give the supermarket a reasonable time to respond 

Most companies will respond in 14 days; if you haven’t received a response in that time frame or it is a negative response that you do not feel is reasonable, you can think about escalating.

 Step 3. Send a Letter Before Action

A Letter Before Action explains to the supermarket that you intend to start a legal claim if they do not resolve the problem. It is a formal step before you are entitled to issue a claim in Court.

How CaseCraft Helps You Build a Winning Claim

CaseCraft is dedicated to supporting individuals who are injured, mistreated and don’t know what their next step is. With our services you will be able to take the small claims process from confusion to clarity without any legal training.

With CaseCraft, you will be able to: 

• Understand your legal situation and the strength of your claim
• Upload and manage your evidence  
• Create legally compliant letters and documents 
• Keep track of deadlines and requirements 
• Avoid the pitfalls that can cause claims to come to a stop or stall 

Regardless of where you want to start, be it a Letter Before Action or litigation, CaseCraft provides the opportunity to take action with confidence and clarity.

What Might the Outcome Be?

Outcomes can vary depending on the evidence you provide and the actions of the supermarket. Typical outcomes are: 

• An out-of-court settlement (after you receive your Letter Before Action)
• Compensation through a Court Order that compensates you for your out of pocket expenses as well as any harm you suffered
• Compensation for travel, treatment or lost income

Small claims hearings are generally short. You can attend most hearings remotely, and lawyers are usually absent.

Final Thoughts: You Deserve to Shop Safely

Supermarkets have a responsibility to keep their customers safe. If you were injured due to their negligence, then you should not suffer in silence or pay for their poor judgment. 

CaseCraft is here to help you regain control.

 Start Your Claim Today

If you’ve experienced an incident in a grocery store or supermarket and your claim was ignored or denied, don’t lose hope or give up! With CaseCraft, filing a small claim is affordable, easy, and entirely within your control.