I wish to make a Tesco car park accident injury claim after I suffered whiplash due to a pothole but Tesco denied liability – who is responsible for my injuries?
A Tesco car park accident injury claim is possible if the actions – or inactions – of Tesco resulted in you sustaining a preventable injury. You are owed a duty of care from the supermarket and you should not expect to sustain an injury in a car park at Tesco – which includes the car park of the store. However this is not always easy to determine and circumstances exist in which the liable party for compensation for a Tesco car park accident is not always easy to determine. For this reason you are advised to consult a personal injury solicitor at the earliest opportunity to determine whether you are entitled to receive compensation for your accident in a car park at Tesco.
Your Tesco car park accident injury claim is possible if it can be determined that insufficient measures were taken by Tesco to avoid an accident occurring due to the potholes in the car park. This could be the situation if the pot holes were present for an unacceptable length of time, thus increasing the risk of an accident in a car park at Tesco. If Tesco owns the car park in which your accident occurred, they are also responsible for its upkeep and ensuring that drivers can travel across it without risk of sustaining an injury in a car park at Tesco. In this situation, compensation for a Tesco car park accident would be claimed against the insurance policy of Tesco if they are found to have been negligent in performing their duty of care.
However there are certain circumstances in which the supermarket would not be the liable party in a Tesco car park accident injury claim. This could be the situation if the car park is owned by another entity such as the local council or another business, in which case a claim for an injury in a car park at Tesco will be made against their insurance policy. However it is also possible that you are partially to blame for your accident in a car park at Tesco if warning signs were clearly established to alert you of the danger of the pothole, in which case a claim may not be possible. And while a claim could be possible if you failed to seek immediate medical attention for your injuries, you may find that the amount of compensation for a Tesco car park accident you can claim may be reduced to reflect your own negligence.
It is also possible that the supermarket would not be liable for your accident in a car park at Tesco if they did not have the opportunity to remove a hazard before an accident occurred. As can be seen from the examples above, establishing liability for an injury in a car park at Tesco can be difficult at times and for this reason a personal injury solicitor should always be contacted at the earliest opportunity following an accident and injury. A solicitor will assess your accident, determine the amount of compensation for a Tesco car park accident you can claim and establish whether your claim is worth pursuing further. Your Tesco car park accident injury claim will also have a significantly improved likelihood of success if you acquire the representation of a personal injury solicitor and for this reason you are advised to pursue legal advice at the earliest opportunity.