Shelving Accident Claim *
Shelving accidents * most commonly occur in warehouses and supermarkets. The management of these properties have a duty of care to provide a safe environment for both their employees and members of the public. Furthermore there is a legal obligation to comply with the Health and Safety at Work Act 1974. This legislation requires employers to identify and manage risks. Generally, the accidents can be broken up into two separate categories:
- Where the injury occurred due to the collapsing or dangerous shelving by incorrectly stacked stock falling from a shelf. It is more likely to occur to a member of the public than an employee, making it a public liability accident *.
- Injury that occurs when stacking a shelf. This accident is a manual handling accident * and is likely to occur while an employee is loading or unloading goods from a shelf.
A lot of shelving accidents happen in supermarkets. In some cases the supermarket owner may deny responsibility of liability for the accident and the onus lies with you to prove that the accident was caused because of the negligence of the supermarket. Obtaining documents such as CCTV footage and photographic evidence will help determine where liability lies. Shelving injuries are suffered due to:
- Shelves being over-stacked
- Poorly installed shelves leaving them unstable
- Inappropriately stacked which makes the shelves top-heavy
- Employees fail to carry out a ‘bump’ test to ensure that items do not fall from the higher shelves.
- Manual Handling training not being provided
What to do after a shelving accident
Seek medical attention
No matter how minor you think the injury may be, it is highly advisable to seek medical attention immediately after the incident. This will ensure that any existing injury won’t deteriorate due a lack of treatment being received. Any medication that is administered should be documented for referral.
Report the incident to management
Once you are in a stable condition, the incident should be reported to the supervisor or manager of the area. Not alone does this make the company aware of the incident, but they may also wish to carry out an internal investigation to see if their product is faulty/ prevent injuries happening to other individuals. You may also request CCTV footage of the incident, if they are unwilling to give this to you, you solicitor can request this from them.
Speak with a solicitor
If your quality of life has been affected or you have incurred a considerable amount of medical bills and you are considering bringing legal proceedings forward it is advisable to get in contact with a solicitor. Your solicitor will assist you in collecting important documents that determine where liability lies. Examples of these documents include:
- Medical records
- Witness reports
- Photographic evidence
- Risk assessment report
Legal Time Limits
The legal timeframe regarding the amount of time you have to bring forward a claim can alternate depending on the scenario. The general guideline for all personal injury cases * is usually that the injured party has a time period of two years less one day from the date of the accident to make a claim *.
Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim. In the situation where a person under the age of 18 is injured the two year period will commence on their 18th birthday. An adult or guardian can make a claim on behalf of the child which is known as the Next Friend rule.
TELL US ABOUT YOUR CASE
If you were involved in a shelving injury accident * and are contemplating your legal options, don’t hesitate to contact 01 649 9900 for a confidential discussion or reach out via email to firstname.lastname@example.org. If you would rather we call you please do feel free to tell us about your case by leaving your details along with a message outlining your query on the form below and we can call you back.
With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.