Shop Accident With No Photo – Can I Still Claim?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

I Fell in a Shop But the Hazard Was Removed Before I Took a Photo

If you’ve been in a shop accident, but the hazard was removed before you managed to take a photo, you may want to check if you can still claim. The short answer is yes, you may still be able to make a personal injury claim. While a photograph can help prove what caused your accident, it is not the only form of evidence. CCTV footage, witness evidence, an accident report, medical records and other information can all help establish what happened and whether the shop may be legally responsible for your injury.

If you fell because of a spill, obstruction, damaged flooring or another hazard in a shop, you may worry that your claim is impossible because you did not take a photograph before staff removed the hazard. But this is not necessarily the case as the evidence may include evidence other than simply photographs.

What if the hazard was removed before I could photograph it?

Shops have an interest in removing hazards that could injure customers. If staff cleaned up a spill, moved an obstruction or repaired the problem after your accident, you may no longer be able to photograph the exact condition that caused your fall.

But this does not automatically mean that you may no longer be able to claim compensation. Under the Occupiers’ Liability Act 1957, an occupier owes visitors a duty to take reasonable care to keep them reasonably safe when using the premises for the purposes for which they are permitted to be there. Whether that duty was breached depends on the circumstances of the accident.

Your solicitor will be able to look at the available evidence to establish what happened, what caused your fall and whether the shop should reasonably have identified and dealt with the hazard.

What evidence can I use if I have no photograph?

A photograph is useful, but it is only one piece of evidence. Other evidence could include:

1. CCTV footage

Many shops and supermarkets have CCTV footage covering entrances, aisles, tills and other areas. The footage may be strong evidence as it is real time evidence which may show you falling, the condition of the floor or surrounding area, staff responding to the accident, or what happened immediately before and afterwards.

However, it’s important to be aware that businesses generally do not keep recordings indefinitely and often not for very long, so it can be important to raise the issue quickly and ask for relevant footage to be kept.

2. Witnesses

Someone who saw you fall may be able to provide evidence about what happened. A witness might have seen the hazard itself, watched you fall, noticed that staff had been warned about the problem or seen the condition of the area immediately afterwards. You should make a note of anyone who witnessed the accident and, where possible, obtain their contact details. Evidence from witness statements can form part of a personal injury claim.

3. The shop’s accident report

If you reported the accident to a member of staff, the shop may have created an accident report and this is worth following up with them.  Alternatively, your solicitor can also ask the shop or its insurer for the relevant records.

An accident report will typically record details such as:

• when and where the accident happened
• what you said caused your fall
• the nature of your injury
• whether staff attended the scene
• whether the hazard was removed
• whether anyone witnessed what happened.

4. Your medical records

Your medical evidence will not usually prove exactly what the hazard looked like. However, it can help establish that you suffered an injury and the nature and extent of that injury.

For example, your GP, hospital or other healthcare professional may have recorded that you attended after falling in a shop and described how the accident happened. A personal injury claim generally requires medical evidence about the injury suffered.

What other evidence could help?

Your solicitor may also consider evidence such as:

• photographs you took of the area later
• photographs of your injuries
• receipts showing that you were shopping at the time
• emails or messages reporting the accident
• details of the staff members who dealt with you
• evidence showing when the hazard was discovered or removed
• records relating to inspections or cleaning.

What if the shop says there was never a hazard?

It’s not unusual for a shop or its insurer to dispute your version of events. They may argue that there was no spill, obstruction or defect or staff could not have reasonably known about it before the accident. This is where the evidence surrounding the accident can become particularly important. The question is whether the available evidence can establish the circumstances around the accident and support a claim against the responsible party

With this in mind, your solicitor will follow the trail and examine the evidence as a whole. For example:

• CCTV might show the accident,
• A witness might confirm what was on the floor,
• The accident report might record what you reported at the time.
• Medical records might support the fact that you suffered an injury consistent with your account.

Should I use a personal injury solicitor if I have no photograph?

It can be particularly useful to speak to a personal injury solicitor when you do not have photographic evidence. This is because a solicitor can investigate the accident rather than simply relying on the evidence you already have. This generally includes identifying the appropriate defendant, requesting relevant records, considering CCTV, obtaining witness evidence and assessing the medical evidence. They can also assess whether the circumstances indicate that the shop may have breached its duty to visitors under the Occupiers’ Liability Act 1957.

Importantly, a solicitor can distinguish between having no photograph and having no evidence. They are not the same thing. So, if you fell in a shop and the hazard was removed before you could photograph it, tell the solicitor exactly what happened, what caused you to fall, who you reported it to and what happened immediately afterwards.

See our Compensation Calculator to check how much your claim could be worth.

What should I do after falling in a shop?

If you have already had an accident, you should:

Report the accident to the shop and ask whether an accident report has been completed.

Write down what happened while your memory is fresh, including the location, time and description of the hazard.

Make a note of any witnesses and take down their contact details if possible.

Ask about CCTV straight away, because recordings may not be retained indefinitely.

Keep records of your medical treatment and any expenses or losses resulting from the injury.

Speak to a personal injury solicitor as early as possible to establish whether you have a viable claim.

We partner with personal injury solicitors who are experienced in public injury claims. They offer a free, initial consultation to assess your claim, as well as a No Win, No Fee agreements.

What We Can Do For You

A missing photograph does not automatically prevent a personal injury claim. CCTV, witnesses, accident reports, medical evidence and other records can all provide alternative evidence about what happened. If you were injured because of a hazard in a shop, getting legal advice early can help in obtaining crucial evidence. It’s also important to know that there’s a three year time limit from the date of your injury in which to claim. To discuss your potential claim in confidence:

Contact our friendly team on 0330 818 0351 or complete our online contact form.