Shopping is an aspect of everyday life, and we wouldn't expect to question our safety when visiting a shop or supermarket.

Unfortunately many shoppers are injured every year after slipping or tripping on items or defects for which the owners of the premises are responsible.

Hazards can range from spillages and foodstuffs on floors that haven't been cleared up, to floors being cleaned where no warning signs have been placed to warn of the wet and slippery surface.

The Occupier's Liability Act 1957 states that an owner has a duty of care to ensure that visitors will be reasonably safe in using the premises. In order to successfully bring a claim, it must be proven that the owner has failed to keep the premises in a condition which will ensure that visitors are reasonably safe.

The law acknowledges that children are expected to be less careful than adults, although it is expected that there should be a reasonable degree of parental supervision and control.

Owners or occupiers of premises often try to defend a claim on the basis that warning signs are placed for visitors to see, such as when floors are being cleaned.

Access Legal from Shoosmiths has successfully pursued claims where this defence has been raised, with the counter argument that the presence of warning signs is not a complete defence to a claim. A factor when considering this is whether the owner/occupier has a reasonable system of inspecting and maintaining the premises.

In McAlister v Tesco Stores Ltd (2003), our client walked along an aisle in the defendant's store looking at produce when she slipped on a spillage of liquid (thought to be cream, milk or yoghurt) and fell heavily to the floor. Our client sustained a wrenching injury to her neck and back and an injury to her left shoulder. We secured an admission of liability and subsequently settled her claim for £8,000.

In order to increase the likelihood of succeeding in pursuing a claim against an occupier, claimants should:

• take photographs of the defect, where possible
• get full details of any witnesses to the accident – there may be other customers who saw the accident and are willing to provide assistance
• the occupier should complete an accident report form, which you should ensure is accurate before signing the same. If possible, request and obtain a copy of it

In the case of Ward v Tesco Stores Ltd (1976), the claimant slipped on yoghurt in a Tesco store. It was unclear as to whether the Tesco staff were to blame for the spillage, as this could have been done by a customer.

It was found that spillages occurred approximately 10 times a week and that staff had standing orders to clear up spillages immediately.

The claimant did not need to prove how long the spillage had been there, as the burden of proof lay with Tesco.

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