Despite the rise of online grocery shopping and 10-minute delivery apps, the traditional “big shop” is far from over and many of us will still choose, and prefer, to do their shopping in-person. It can be highly frustrating to step up and grab a trolley, only to realise that it is the one with the rogue wheel or a wobbling caster that insists on steering aggressively into the aisle displays.
Supermarkets' Duty to Maintain Safe Equipment
Whilst shoppers may tolerate an awkward or squeaky wheel, supermarkets have a legal duty under the Occupiers’ Liability Act to keep their equipment in reasonably safe condition. When routine maintenance is neglected, a jammed wheel is not just a nuisance, it can become a serious hazard.
Case Study: Injury Caused by a Defective Supermarket Trolley
I recently acted for a Claimant who visited her local supermarket to do her weekly shop. As she was heading out to her car with a heavy trolley load, one of the wheels suddenly locked on the concrete outside of the store. As the wheel locked, the trolley reared upwards, violently striking the Claimant’s leg and knee on the way down.
CCTV Evidence and Trolley Inspection Findings
The incident was captured on CCTV and a subsequent inspection of the trolley revealed that the wheel was worn, rusted, and did not match the other trolley wheels. The trolley was therefore taken out of service.
Can a Supermarket Rely on Warning Signs as a Defence?
Through their legal representatives, the supermarket accepted liability for the accident but argued that the Claimant was partially at fault as there were warning signs near the store entrance warning that the wheels may lock. This argument was successfully challenged as the supermarket could not provide any maintenance documentation to show that trolleys are routinely inspected and maintained. The mere presence of a warning sign does not mitigate the failure to ensure that the trolley was safe and adequately serviced.
Compensation for Defective Trolley Injuries
Following the admission of liability, a successful recovery was made on a 100% liability basis. In addition to an award for the Claimant’s pain, suffering and loss of amenity caused by the physical injury sustained, the final settlement award also included her out-of-pocket expenses and losses. This included a recovery for the cost of treatment on a private basis, and an automatic hire car as the Claimant could not drive a manual vehicle owing to her accident-related injuries.
This is an example of a case which, on the face of it, may be one of those unfortunate accidents but highlights how supermarkets cannot simply hide behind warning signs when basic equipment maintenance has been neglected.
Your 'shopping list' when things go wrong:
- Take clear photographs of the defect, focusing on the faulty part
- Report the accident to the store manager immediately and ensure an accident report form is completed
- Request in writing that the store manager preserve a copy of the CCTV footage
- Obtain the names and phone telephone numbers of any witnesses
- Retain a copy of your purchase receipt to prove the date and time of your visit
- Seek medical attention so your injuries may be assessed and treated
- Keep a log of any financial losses incurred such as loss of earnings for any time off work, prescription and treatment costs, travel expenses, and a log of any paid or unpaid care or help provided by family and friends
If you have been injured in an accident that was caused by poorly maintained equipment, please contact us to discuss your potential claim as you may be entitled to compensation.