Having an accident in the supermarket can be a traumatic experience. Often the victims of accidents suffer as many psychological injuries as they do physical injuries and this is can be exacerbated by an accident occurring in a place that we visit on a weekly basis. The question remains, if you suffer an injury in the supermarket are the owners liable?
Vicarious liability is a term used to describe the liability of an employer for the actions of their employees in the course of their employment. To put it in simple terms, if an accident occurs as the result of negligence of an employee, then the business owners are completely liable as if they had caused the injuries in question.
Is an injury in a supermarket always a case of vicarious liability?
This isn’t always the case. If the employee was found to be acting outside the scope of their employment, then the employee is liable for any injuries that have occurred to a 3rd party. For example, if an employee were to assault a customer, this would not constitute liability on part of the employer. If another party (for example another customer) is responsible for the injuries suffered and the business was not in a position to take reasonable measures to prevent this, then the other party is the person liable in these circumstances.
So what would be an example of vicarious liability?
The classic example of vicarious liability, and one which we at Accident Advice Helpline are often confronted with, is the employee who creates a slip or trip hazard in the supermarket and doesn’t take reasonable steps to prevent an accident from occurring, for example placing a ‘wet floor’ sign, then this would constitute vicarious liability on the part of the employer and the owners would be liable for any injuries suffered.
Accident Advice Helpline
If you’ve been the victim of an accident in the supermarket and someone else was to blame, you could be entitled to make a claim for compensation. Accident Advice Helpline has over 15 years’ experience in all areas of personal injury compensation including slips, trips & falls. We can even help you to claim compensation if your accident occurred outside the UK. Contact us on 0800 689 0500 for more information on our 100% no-win-no-fee* claims for compensation.
Date Published: December 9, 2015
Author: David Brown