Who is liable for arm injury compensation? I received a cut from a damaged shelf in a supermarket and received first aid at the scene. However I visited a doctor the following week who said it had become infected. Am I able to claim compensation?
Arm injury compensation is possible if you were the victim of the negligence of a third party — however the amount of compensation to which you could be entitled may only reflect the initial injury, and not complications which may have arisen due to contributory negligence. To begin with the original accident, the damaged shelf that caused your injury is a clear violation of the supermarket’s duty to provide a safe environment in which to shop. As they failed to take sufficient action in order to prevent or remove this hazard, they may be liable for a claim to compensation.
However your arm injury compensation can be affected by contributory negligence if it is determined that you contributed to the extent of your injury. While initial first aid was provided at the scene of the accident, it is important not to rely solely upon this and that you seek immediate attention from a medical professional. Had you received immediate professional attention for your injury, it is possible that the infection that eventually arose could have been prevented. Seeking compensation in this circumstance could still be possible, but because there was a notable delay in acquiring care for your injury the amount of compensation you can claim may be reduced. It may occur where the supermarket will only be held liable for your initial injury and not the infection.
Because of the notable delay in seeking medical attention and the contributory negligence that may have occurred, it is likely that the supermarket will challenge your claim to compensation. It is therefore important that you consult a personal injury* solicitor if you wish to pursue compensation for your injury. A solicitor can then determine what percentage of liability the supermarket will carry for your injury, and the percentage which will be assigned to you. The amount of compensation to which you may be entitled will be established, and your solicitor can then advise on whether the claim is worth pursuing. If so, evidence may be gathered in order to support your claim, which will be particularly important if the supermarket is likely to mount a challenge. It must be remembered that evidence may take some time to gather and claims involving contributory negligence may be complex, and as the Statute of Limitations places a time limit of three years on compensation claims you are advised to consult a personal injury* solicitor at the earliest opportunity if you believe you can make a claim for arm injury compensation.