A recent enquiry we received came from a parent who had taken her two children shopping. Whilst playing, one of the children fell and sustained injuries requiring hospital treatment.
Her question was: Is the shopping centre responsible for compensating her child’s injury?
Understanding Liability in Shopping Centres
In the UK, businesses owe a duty of care to people visiting their premises. This duty requires them to take reasonable steps to ensure the safety of visitors. If an injury occurs due to the business’s negligence, they may be held legally liable.
For example, if a shopping centre fails to clean up a spillage promptly and a visitor slips as a result, the centre could be considered responsible. This is why you will often see yellow warning signs when floors are being cleaned, alerting customers to potential hazards.
When Might a Shopping Centre be Liable?
Not every injury in a shopping centre automatically makes the business liable. Liability generally arises only where there has been negligence.
In the case described above, key considerations would include:
- Cause of the Fall: Did the child fall because the floor was slippery? If so, was there an adequate warning in place?
- Presence of Hazards: Did the child fall onto a sharp object or another dangerous item? Was this hazard reasonably foreseeable, and should the shopping centre have taken steps to prevent injury?
Even if the floor was not slippery, the presence of an unexpected hazard could still indicate negligence on the part of the shopping centre.
What to Do If an Injury Occurs
If you or your child are injured in a public place, consider the following steps:
- Seek Medical Attention – Ensure that any injuries are properly assessed and treated.
- Report the Incident – Notify shopping centre management and request a copy of the incident report.
- Gather Evidence – Take photographs of the scene, collect witness contact details, and keep records of medical treatments.
- Seek Legal Advice – Consult a solicitor to understand your rights and the potential for compensation.
Time Limits for Making a Claim
In the UK, personal injury claims generally have a three-year limitation period from the date of the accident. For injuries involving children, the limitation period extends until their 21st birthday, giving more time to pursue a claim.
Other Cases
Another example was CC v Leeds City Council | [2018] EWHC 1312 (QB), a case where the council was held responsible for the injury of a child, who fell and was injured in a play area. Among other things, a specific warning of a hazard was held to be required because the owner of the premise should have detailed knowledge of the site, which is not possessed by a child.
In that case the hazard was not even a sharp object, just uneven steps. More examples of hazards can include automatic doors, heavy doors, shelves, staircase, glass panels, animals, insufficient lighting, obstructions of walkways, overcrowding, temperature etc.
Conclusion
Determining liability in public spaces such as shopping centres requires careful assessment of the circumstances. Where negligence is identified, the injured party may be entitled to compensation. This also applies to any space run by a business, such as a small shop, a restaurant, a tutoring school, nursery, massage shop, beauty parlour and more.
If you have concerns about a similar situation, please contact our experienced team at Lisa Solicitors. We specialise in personal injury claims and are here to provide expert guidance and support.
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