CCTV footage used in supermarket accident claim

Our Personal Injury cases sometime call for extra action when the defendant denies liability and in one case we handled it was CCTV that proved a very valid point and helped secure £15,000 in compensation for our client.

We handle many cases every year where clients are injured in supermarkets slip and trip accident, usually caused by something spilt on the floor, some debris left in a trip zone, or even defective equipment.

Supermarket accident claim

Our recent client, a 70 year old woman, was shopping in Asda in May last year when she lost her balance after a collision with a member of the Asda staff and she injured her right shoulder.

After the incident our client telephoned her husband and he took her immediately to the A&E department at the Royal Oldham Hospital.  An x-ray showed she had fractured her shoulder and she was given a collar and cuff and sent home.

Supermarket Liability

Asda initially denied liability stating: “Whilst it is an unfortunate situation whereby your client tripped over a colleague foot, we disagree that we are in breach.  Your client walked into the aisle and would have seen the colleague.  She proceeded to walk past quite close to him and unfortunately, when he stepped back ever so slightly, this is when she tripped over his foot.  We do not see how ASDA could be held liable for a simple accident.”

However when we obtained and reviewed the CCTV footage it was clear that an employee of Asda was in the same aisle and stepped back, causing our client to trip over his foot.  We noted that he had not looked around before stepping back and was unaware of the presence of our client at the time of the incident.

“CCTV can be a very valuable piece of evidence in a personal injury case and can support a claimant’s version of events, as was the case here,” said Solicitor & Head of Personal Injury, Michael Talbot.

“The footage can capture the exact moment of an accident, providing an objective depiction of what happened, the position and movement of the parties involved, the condition of the area (e.g., wet floor, obstruction) and it can also help show who was at fault, or if contributory negligence applies.

“In essence it provides an independent witness, making it harder for opposing parties to manipulate narratives and when Asda denied liability we were able to prove otherwise,” he said.

Personal injury compensation

Following the injury our client had physiotherapy sessions but continues with pain and stiffness and the incident has had an effect on her.

Our client works as an employee in a charity shop and missed three months of work due to her injury, she was also unable to go on holiday, pursue her hobby of gardening, nor was she able to drive for a three month period.

“We argued in our clients defence, using the CCTV footage as proof and once liability was agreed Asda Claims made an offer to settle the case out of court,” said Michael.

Requesting CCTV footage

Solicitors must act quickly to obtain and secure CCTV footage, as many recording systems only retain the footage for a limited period so it is always a good idea to request it be saved as quickly as possible after the event.  We also advise getting any photographic evidence needed at the time.

If CCTV is used your personal injury solicitor can send a formal disclosure request or preservation letter to the owner of the CCTV system.  The CCTV must be relevant, authentic, and unaltered and must adhere to data protection laws (e.g., UK’s Data Protection Act and GDPR).

How can we help?

For expert legal advice or to see if you have a supermarket accident claim contact us on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.