Sorry to hear about your accident Fluffy.
Accidents in stores are time-sensitive ..... you are usually too shocked to take photos, gather the names of witnesses etc. However, the owner or occupier of a shop owes a basic duty of care under the Occupiers’ Liability Act 1957 to ensure that visitors to their premises are safe. Clearly, the mats which moved rendered that area of floor dangerous to any customer.
For a claim to succeed it is necessary to establish that the shop owner or occupier has been negligent or has breached the duty of care owed to visitors, and that this has in turn given rise to a foreseeable risk of injury. From what you are describing, that hazard did not materialise in the minutes before you fell, it was a hazard that was foreseeable and therefore, your accident was avoidable if the store had taken appropriate and prompt action when the carpet started to become loose from its retaining fixture.
1. Did you get the name of the member of staff who attended to you when you fell? (That person will be a primary witness and can be supenored if you go to court.) If you didn't get the name, could you pick out that member of staff again ?
2. Who organised your visit to the hospital? Have you got a copy of the hospital injury report or do you know who to contact should you need it for a claim?
3. You say that the store won't give you a copy of the report that was written by a member of staff - well, all is not lost, you simply record your own version of events for the store's HSE. However, seek confirmation that your accident was recorded in the accident book at the time of your injury and try to insist on receiving a copy of the accident book entry. Also ask for the names and addresses of any eye witnesses.
4. Can you find any other shoppers who frequented that store who can confirm that the mat was loose for some time?
5. You need to send a Letter of Claim advising the store that you are making a claim for UK store accidents compensation and explaining the reason why. The store has twenty-one days to respond to the letter and a further three months in which to inform you (or your solicitor) whether they accept liability for your injuries or not.
6. If they do acknowledge their responsibility for your injuries, then you WILL need to calculate how much compensation for accident you are entitled to and enter into negotiations with the store´s insurers. This will include (a) Pain and Suffering (b) Loss of Wages (c) Expenses to receive on-going treatment (d) Medical bills outside of the NHS e.g. physiotherapy
7. If they deny responsibility then you need a solicitor, and this may be a good use of one of those firms that advertise on the TV (Injury Lawyers 4 You etc) Claiming is not always straightforward as the owner or occupier is only required to take “reasonable” steps to keep the premises safe. If you believe that the loose mat should have been noted on a regular check of the store's high-risk areas, then the store has failed to keep the premises free from obstacles which can cause harm, and you should be able to demonstrate this.
If you need more help fluffy, pop into the other place because I can give you links etc in there.
Good luck - and take care.
