Shopping Centre Accident Claims

The team here at McCarthy + Co Solicitors LLP has brought many successful public liability claims, including cases where clients have been injured in shops, retail spaces, and shopping centres. Most incidents cause only minor injuries, but some are serious and lasting. Situations that can give rise to a claim include:

• a slip on a wet floor caused by a spillage, cleaning, or rainwater at an entrance, particularly where there was no warning sign;
• a trip over a loose mat, a trailing cable, debris, or uneven or broken flooring;
• an escalator or lift accident caused by a mechanical failure or poor maintenance;
• an item falling from a shelf or display because of unsafe stacking;
• an accident in the car park, caused by poor lighting, an uneven surface, or an unsafe layout; and
• an injury in a food court, such as a slip on spilled food or a burn from a hot drink.

Whatever the cause, the first step is to talk to us about what happened. Arrange a time to speak with a solicitor here by completing our quick and confidential online form.

Who is responsible

Shopping centres involve several different parties, so identifying who is responsible is an important first step. Under the Occupiers’ Liability Act 1995, as amended in 2023, the occupier of a premises, meaning whoever is in control of it, owes a duty to take reasonable care for the safety of visitors. In a shopping centre, that duty may rest with the centre’s management company for the common areas, such as walkways, escalators, and car parks, and with the individual retailer for the area inside its own shop. Part of what we do is establish who was in control of the place where you were injured, and therefore who is liable.

Proving the occupier failed to take reasonable care

It is a common misunderstanding that a shop is automatically liable whenever someone is injured on its premises. That is not the case. The duty is to take reasonable care, not to guarantee that no accident can ever happen, so the question in most claims is whether the occupier had a reasonable system in place to prevent the hazard, and whether that system was actually followed. In a slip case, for example, this often comes down to how regularly floors were inspected and cleaned, whether spillages were dealt with promptly, and whether warning signs were used. Where a reasonable system was missing, or was not followed on the day, the occupier is likely to be liable.

This is why evidence matters so much, and why it is worth acting quickly. Photographs of the hazard, the accident report, witness details, and CCTV footage, which is often overwritten within weeks, can all be decisive, as can the occupier’s own cleaning and maintenance records. It is also common for an occupier to argue that you were partly at fault, for example by not looking where you were going. Even where that is partly true, it does not necessarily defeat a claim, though any award may be reduced to reflect it.