Q: I was with my daughter in her local shopping centre when I tripped on a damaged slab and fell face down onto a low wall. I broke my right elbow and my nose, split my lip, and knocked out three top front teeth.
I have been told I can have dental implants, but these will have to be fitted in two or three stages spanning the best part of twelve months, at a cost of around £3000+ per tooth. I am totally distraught because I work in the beauty industry, and I am also a part-time mature photographic model. Currently I am off work due to the accident. The shopping centre is privately owned. How can I get compensation?
A: The Occupiers’ Liability Act 1957 states that an occupier of premises has a common duty of care to all visitors to ensure they are reasonably safe when using the premises for the purpose for which he or she is inviting or permitting them to be there. In the case of a shopping centre, the occupier is the centre’s management.
Whilst it may appear that the accident was caused by negligence on the part of the shopping centre, it is important to clarify this and that it is not due to negligence by an independent contractor. Establishing who is to blame can sometimes be complex, but it sounds as if you do have a case for claiming compensation from whoever is to blame.
How much you can claim will depend on the extent of your injuries and any financial losses you have incurred, including loss of earnings, expenses incurred as a result of the accident (such as dental implants), and also the pain and suffering you sustained. A good personal injury lawyer will take all these effects into account to calculate the correct compensation award for you. You should make an appointment to see one as soon as possible.
This question has been answered by James Denton, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients. Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry, or for an appointment, visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.