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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My eight year old son tried on a pair of metal studded football

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My eight year old son tried on a pair of metal studded football boots in a sports direct shop. As he stepped on the concrete floor his foot went up in the air and he landed on his elbows. He yelled in pain and was eventually taken to the hospital. Fortunately nothing was fractured but he was in pain for several days. He was prescribed Calpol to cope with the pain particularly at nights. Where do we stand regarding his injury.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you approached the shop regarding this?

Customer: Yes ! This happened in August but I have not heard from them so I visited the branch again . The manager spoke to head office who apparently had not been notified. After the conversation he turned to me and asked what I wanted for an outcome . I replied I don't really know as I had not spoken to anyone legally. He asked that question again and I replied I will investigate it.
Customer: This is new to me ! Do I now wait . What do I do
Customer: Could you please explain what is happening
Ben Jones :

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.

Customer: It was not just pain I have a picture of my sons swollen and bruised elbow which cause a lot of discomfort.
Ben Jones :

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

Customer: If that's the case and there is not a real chance of much compensation. Could you then advise and give pointers as to the structure of the letter I could compose to the company as advised earlier.
Ben Jones :

ok I will get back to you on here shortly

Customer: Thanks!
Ben Jones :

OK you need to compose a letter along these lines:

  • Mention the date and nature of the incident

  • State that it is reasonably foreseeable that the combination of the metal studs and the concrete floor would create an increased chance of slips

  • That the store’s failure to adequately deal with minimising the risk, such as providing a less slippery surface, even a mat for example, makes them negligent and liable for the injury suffered.

  • Detail the level of pain, what costs you have incurred as a result of it, how long it lasted, etc

  • State that you are now considering taking the matter to a personal injury solicitor and issuing a claim for compensation, although as it is in the interest of all parties to avoid that you would like to give them the opportunity to settle this directly with you and that you now await their response within 14 days as to how they wish to proceed.

Customer: Thanks! hopefully this will not be the case but would there be any further line to proceed along if they are failing to acknowledge any responsibilities .
Ben Jones :

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

Customer: Ok thanks . Have a good New Year.
Ben Jones :

many thanks and you to, all the best

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Ben

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?

Customer: replied 3 years ago.

Hi Ben

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?