Claim for a Hidden Hazard in a Commercial Premises

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

Written by Tanya Waterworth, Digital Content Writer

Injured in a Shop, Supermarket or Retail Premises? You May Be Able to Claim

Commercial premises are generally environments you expect to be safe, but you may want to claim for a hidden hazard in a commercial premises if you’ve been injured and it wasn’t your fault. Supermarkets, shopping centres, cafés, leisure centres, retail stores are all businesses which invite customers in, encourage browsing, and rely on footfall and because of this, are required to keep visitors safe on their premises.

But hidden hazards in commercial environments are more common than many people realise. Poor maintenance, rushed cleaning routines, cluttered aisles, and inadequate inspection systems can all create risks that customers cannot reasonably spot. If you were injured in a commercial premises due to a hazard that wasn’t obvious, you may be entitled to file a personal injury claim for compensation.

Hidden Hazards in Commercial Premises

Retail and leisure environments present unique risks because they are busy, fast‑moving spaces. So, staff may be stocking shelves with lots of customers moving around, while maintenance standards also vary widely between businesses.

Below are some common hidden hazards that frequently lead to compensation claims:

• Loose or uneven supermarket flooring: lifted tiles, curled laminate edges, or rippled mats that cause sudden trips.
• Wet floors without warning signs: spills, leaking refrigeration units, or rainwater tracked into entrances.
• Cluttered aisles and obstructed walkways: stock cages, boxes, or trolleys left in customer areas.
• Poor lighting in stairwells, changing rooms or corridors: concealing steps or uneven surfaces.
• Defective automatic doors: doors closing too quickly or failing to detect movement.
• Unstable seating or display furniture: collapsing chairs, unstable benches, or broken shelving.
• Poorly maintained car parks attached to commercial premises: potholes, broken kerbs, or uneven surfaces.
• Hidden steps or unexpected changes in floor level: especially dangerous when unmarked or poorly contrasted.

Real Life Examples: Our team recently handled a case where a caller had slipped on liquid in a supermarket causing damage to his left side, while we also helped a caller who was injured after being hit by falling tins which were being restocked on the shelves by an employee at the time.

When Is a Commercial Hazard Considered Negligence?

A commercial premises may be negligent if:

• Staff knew or should have known about the hazard
• The hazard was not obvious to customers
• No warning signs were provided
• No reasonable steps were taken to fix or reduce the risk
• The hazard directly caused your injury

Examples of negligence in commercial settings

• A supermarket failing to inspect aisles regularly, allowing a spill to remain for 20 minutes
• A shopping centre ignoring repeated reports of a loose step
• A café using a worn‑out mat that slips every time someone walks over it
• A leisure centre failing to replace broken lighting in a stairwell
• A retail store leaving stock cages in customer walkways

In addition, these are all situations where customers have no reasonable opportunity to avoid the danger and the risk of injuring themselves.

How to Start a Compensation Claim After an Accident in a Commercial Premises

If you were injured in a shop, supermarket or leisure venue, here’s what to do next:

1. Report the accident immediately

Tell staff or management and ask them to record it in the accident book.

2. Gather evidence

This is crucial in commercial premises claims. Try to obtain:

• Photos of the hazard
• Photos of your injuries
• Witness details
• CCTV footage (many commercial premises have cameras)
• Receipts proving you were on the premises

3. Seek medical attention

A GP, A&E or urgent care visit creates essential medical evidence.

4. Keep records of financial losses

This includes travel costs, lost earnings, medication, or care needs.

5. Speak to a personal injury solicitor

Our partner solicitors will:

• Assess whether the occupier breached their duty with a free, initial consultation
• Gather expert evidence
• Request CCTV
• Handle negotiations
• Pursue compensation on a No Win No Fee basis

6. Start Your Claim

Your solicitor will notify the business or their insurer and begin the formal claims process.

What Can You Claim Compensation For?

If a hidden hazard in a commercial premises caused your injury, you may be able to claim for:

• Pain and suffering
• Loss of earnings
• Medical treatment
• Rehabilitation
• Travel expenses
• Care and assistance
• Long‑term impact on daily life

The amount depends on the severity of your injury and how it affects your future.

Why Commercial Premises Have a Higher Duty of Care

Businesses benefit financially from customers entering their premises and they have a strict legal duty to keep visitors safe under the Occupiers’ Liability Act 1957.

Therefore, the law places a heightened responsibility on them to:

• Maintain safe flooring, lighting and walkways
• Carry out regular inspections throughout the day
• Keep aisles clear of stock and equipment
• Fix hazards promptly
• Provide clear warnings when risks cannot be removed immediately

Supermarkets, cafés, gyms, retail stores and shopping centres are legally required to  anticipate risks created by high footfall, busy staff, and constant stock movement.

FAQs: Commercial Premises Injury Claims

What counts as a hidden hazard in a commercial premises?

Any danger that isn’t obvious to a customer, such as uneven flooring, cluttered aisles, poor lighting, or concealed steps.

Do I need evidence?

Yes. Photos, CCTV, witness statements and accident book entries strengthen your claim.

Can I claim if I didn’t notice the hazard?

Yes. Hidden hazards are often not noticed until they cause injury.

What if the business denies responsibility?

Your solicitor can gather expert evidence, request CCTV, and challenge their position.

How long do I have to claim?

You usually have three years from the date of the accident.

Call Our Team – Free, No‑Obligation Consultation

If you were injured in a shop, supermarket, café or leisure venue and it wasn’t your fault, you may be able to claim compensation.

To discuss your potential claim in confidence with a free initial consultation, contact our friendly team on 0330 818 0351 or complete our online contact form.