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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you approached the shop regarding this?
Claiming anything in these circumstances will not be that easy I’m afraid. In a personal injury case you first have to show that the other party was negligent in what they did or that they had failed in their reasonable duty of care in the circumstances. Just because someone has been injured on their premises does not automatically make them liable – you still have to show that there was some negligence on their part. For example, is it obvious that trying such shoes on that type of flooring causes an increased risk of slips and has this happened in the past? If the store was aware that this is a potential issue, or would have been reasonably expected to, or there have been previous similar incidents, then one may argue that they should have taken certain precautions in the circumstances, like providing a non-slip surface on which customers could try such shoes on.
Even if you can prove liability on the store’s part, due to the nature of the injuries you cannot really expect much compensation. If there was a fracture then that could be worth taking further but just pain, even for a few days, is unlikely to attract much in terms of compensation.
So in the circumstances I would not advise it is worth taking this to the courts for compensation but you could certainly write a formal complaint to the store and ask them to consider some sort of compensation – they could just give you something in order to try and avoid this going any further and you have nothing to lose by trying.
I understand but legally there was no fracture, no serious damage, no ongoing medical treatment so this will be right at the bottom of the compensation scale....not only that but as mentioned you would first need to show that there was negligence on the part of the store, so it is nit just as simple as saying he was injured on their premises therefore they have repsonsibility
ok I will get back to you on here shortly
OK you need to compose a letter along these lines:
that is when you will have to consider the legal route but as mentioned above that will not be easy and you are looking at minimum compensation so you would need to consider whether it is worth taking it further or not. You could try and see a personal inury solicitor who offers free initial advice to get an idea of whether this is something you should take to court or not
many thanks and you to, all the best
Would it be prudent to send a picture of the injury with the initial letter to the company or leave it until such times where it may be required?