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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
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I was in a local shopping centre feeding my baby and some concrete

Resolved Question:

I was in a local shopping centre feeding my baby and some concrete fell from the roof and struck him on the head. It could have must worse but looking he is ok. I want to take this further but not sure where I stand in terms of the law on this?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Did he suffer any injuries?

Customer: The concrete just skimmed passed his face and hit my harm, no real injury though just a slight red mark on his cheek
Ben Jones :

I presume nothing permanent?

Customer: No
Ben Jones :

In terms of compensation you will not be entitled to anything unless either of you had suffered an injury or some losses. From what you say it does not look like this was the case so a personal injury claim is unlikely to get you far. The law does not compensate for what could have happened or how close you came to an injury – it I actual injuries that count.


 


You may still consider complaining to the owners of the property hoping that they may offer you something out of goodwill but if nothing happens then you cannot really consider legal action in the circumstances.

Customer: A couple of inches though and he would have been seriously injured or worse. The shopping is newly opened. It was in the food hall and they have kept it industrial looking so there is no ceiling as such and the building structure is left exposed
Customer: Ok. No injury was caused so maybe we seek a gesture of good will. The manager is calling tomorrow so I will see what he says. There or no physical signs of injury but it did strike him and he is only 3 months old.
Ben Jones :

I fully understand it must have been distressing for you to witness but this is not something that will affect him in any way, for example he will not be psychologically affected by it and there will be no scarring so legally, very unlikely to go anywhere with this, but if you push them directly then you never know, they could try and offer something to keep you happy.

Customer: Ok. Thanks i will go down the route of a gesture of good will. I'm more interested in the reason the concrete fell really, hopefully the place isn't falling down already!
Ben Jones :

you are welcome, all the best

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