Can I make a Marks and Spencers accident injury claim after I slipped on the floor, or is management correct by saying I should have been careful?
Whether you can make a Marks and Spencers accident injury claim will depend upon the circumstances surrounding the initial accident. It may be the situation that you have been the victim of negligence after you suffered an injury in Marks and Spencers because of the failure of staff to perform their duty of care. However it must also be noted that your compensation for a Marks and Spencers accident could be affected if it is considered that you could have – but didn’t – take measures to reduce the possibility of an accident occurring. To determine your eligibility to make a claim, you are advised to consult a personal injury solicitor at the earliest opportunity following your injury to assess your accident in Marks and Spencers.
A Marks and Spencers accident injury claim could be made if it is considered that the actions – or lack of action – made by staff resulted in you sustaining an injury for which you are not entirely to blame. This could be the situation if you slipped on a floor which was wet for an unacceptable period of time but measures were not taken to either clear up the hazard in question or alert customers to the danger of an accident in Marks and Spencers. It is also possible that you had slipped upon the floor as it was being cleaned but warning signs were not clearly displayed to notify others of the possibility of an injury in Marks and Spencers, which could be seen as negligence on behalf of the staff. Your compensation for a Marks and Spencers accident could then be claimed against the store’s insurance policy to reflect the carelessness of staff to avert an accident.
However it is also possible that a Marks and Spencers accident injury claim may not be possible in certain circumstances. For instance, if your accident in Marks and Spencers occurred immediately after a drink had been spilled and staff did not have the opportunity to avert your hazard, they may not be held liable for your injury. It is also possible that if you sustained an injury in Marks and Spencers as a result of your own carelessness – for example, you failed to heed a warning sign which was clearly present – you may be determined to be partially liable in your accident and injury. In this situation your liability could reduce your compensation for a Marks and Spencers accident – perhaps to the extent that your claim is not worth pursuing further.
To establish whether your claim for an injury in Marks and Spencers is worth pursuing, you are strongly advised to consult a personal injury solicitor at the earliest opportunity. Your solicitor will assess your accident in Marks and Spencers and determine whether in the unique circumstances of your accident you share some liability for your condition. If it transpires that you share some liability, your solicitor will advise you on the compensation for a Marks and Spencers accident you may be entitled to claim and whether it is worth pursuing. However if your likelihood of obtaining compensation is strong, your solicitor may offer to represent your Marks and Spencers accident injury claim on your behalf and assist in bringing your claim to a favourable conclusion.