Petrol Station Accident Claim: Compensation For Personal Injury
In this article we explain what a petrol station accident claim is; the duty owed to you as a customer or worker injured on the petrol station premises; typical types of types of petrol station accidents – including forecourt slips on oil spillages, pump equipment malfunction and accidents in the station shop.
We consider claims for injury as a petrol station customer and as an employee or other station worker.
Finally, in our Q&A section we provide answers to some real life petrol accident victim questions. We consider: how to prove fault, the types and amounts of compensation you can claim, the records you should keep that will help support your claim, and much more.
Collapsible Table Of Contents
- Petrol Station Accident Claim: Compensation For Personal Injury
- Collapsible Table Of Contents
- What is a petrol station accident claim?
- Q&A – Answers To Petrol Station Accident Claim Questions
- QUESTION 1 – Injury Caused By A Defective Airline On A Petrol Station Forecourt
- Accident Description
- ANSWER – Petrol Station Equipment Failure Response
- Defect accepted by petrol station staff
- Importance of securing evidence including CCTV
- Accessing the petrol station’s records
- Proving injuries to support your petrol station accident claim
- Types of compensation you can claim in a petrol station accident
- Insurers of petrol station given opportunity to accept liability
- Instructing an independent medical expert
- Keep a diary of symptoms experienced
- Record of financial loss / expense with supporting receipts
- Attempt to agree compensation amount
- Issue at court if no agreement can be made
- QUESTION 2 – Slip On A Spillage In A Petrol Station Shop
- Description – Petrol Station Slip Accident Claim
- ANSWER – Petrol Station Slip Accident Claim Response
- FREE Legal Help And Assistance
What is a petrol station accident claim?
Should you suffer injury whilst using the facilities at a petrol station, either as a customer or as an employee working in a petrol station, you may be entitled to petrol station accident claim for monetary compensation for your injuries (and resultant financial loss)
To succeed with a claim – you must show the petrol station business was legally at fault for your accident.
For example – legal fault my be demonstrated by showing a defect with the existed with the petrol station equipment or with the premises itself.
|Speak To A Solicitor|
|Determining whether a petrol station business is likely to be considered legally at fault is best left to a specialist solicitor.|
We recommend you speak to a solicitor is you suffer injury to see if you have a claim.
What duties does a petrol station owe to its customers?
The petrol station business owes you a duty of care to keep you safe whilst on the petrol station premises and using their facilities.
You are considered a lawful visitor and owed a duty under the Occupiers Liability Act. In addition, as the petrol station is a business open to the public – you are owed duties under Health and Safety laws.
Employees and other workers at the petrol station are owed additional duties from their employer.
Common types of petrol station accident claim made by customers
The process for claiming compensation for customer injury in all manner of petrol station accident is very similar.
See our article setting out the compensation claims process from start to finish, including the steps taken after issue at court up to and including a trial.
Typical examples of customer accidents and injuries include:
- Slips and trips – watch out for forecourt oil spillages and shop slips.
- Accidents in petrol station shop.
- Injury whilst using the petrol pumps or electric car charge points.
- Accidents whilst using the car wash or car vac equipment.
- Equipment malfunction when blowing up your tyres.
- Defective flooring.
- Injury from petrol station employees.
- Injury from another motor vehicle using the petrol station facilities.
Can petrol station workers claim compensation if they are injured?
“Yes” – as an employee, contractor or self-employed worker, you are owed a duty by the petrol station business to keep you safe at work. Should you suffer injury in an accident or due to some form of negligent act or omission – the petrol station may be shown to be legally at fault and you will likely be entitled to claim compensation.
|Injury To One Worker By Another|
|Imagine you work at a petrol station and suffer injury from another worker – you may still be able to claim compensation from your employer.|
This can be for negligent acts – but in more limited circumstances it can include willful acts – such as a assault.
Q&A – Answers To Petrol Station Accident Claim Questions
QUESTION 1 – Injury Caused By A Defective Airline On A Petrol Station Forecourt
We answer a site visitor’s question concerning an injury caused by a defective airline at a supermarket petrol station forecourt.
My husband and I were at a supermarket petrol station. We had just filled the car up and decided to blow up our tyres using the forecourt airline.
Injury whilst blowing car tyres up
My husband put the money in and started to use the air hose, but it was so powerful that it whipped up taking his legs away causing him to fall heavily onto the ground.
His wrist and hand immediately started to swell up, so we went straight into the petrol station shop to report the matter.
Petrol station employee admission
A young man was serving and apologized saying that there was a problem with the air-line and a notice was meant to have been put up warning customers not to use it.
Accident book entry and hospital attendance
He made a note in the accident book and I drove him straight to hospital.
He was diagnosed with a fractured wrist and broken bone in his hand as a result of the petrol station accident.
How would we go about making a claim for injuries sustained at a petrol station?
ANSWER – Petrol Station Equipment Failure Response
Defect accepted by petrol station staff
It seems very clear that there was a defect with the air-line machine in the supermarket petrol station and that was accepted by the member of staff in the supermarket shop.
Importance of securing evidence including CCTV
Still it will be important that the petrol station accident circumstances can be proven and therefore a sensible approach would be for a solicitor acting on your husband’s behalf to secure the CCTV footage that most petrol stations have of the accident events, so if there is any dispute the accident events can be proven.
Accessing the petrol station’s records
In addition – the petrol station should have records to show that there was a defect and the steps taken. These records can be accessed by your solicitor as part of the claim.
For example – the accident book entry that you had the supermarket employee make is an important record of the accident events.
Proving injuries to support your petrol station accident claim
The fact that you attended hospital with your husband immediately will show that the injuries were as a direct result of the accident.
Types of compensation you can claim in a petrol station accident
The petrol station accident claim would be made against the supermarket for primarily two types of compensation.
Compensation for pain and suffering (general damages) for the injuries your husband sustained and costs and expenses (special damages) for financial loss as a direct result of his injuries.
Insurers of petrol station given opportunity to accept liability
A solicitor will contact the supermarket (as the petrol station owner) and their insurers to see if they will accept liability. If fault is not accepted your solicitor will need to prove that the air-line was defective and the accident happened as your husband alleges. Some of the evidence necessary to prove this has been set out earlier.
Instructing an independent medical expert
In addition – your solicitor will instruct an independent medical expert to produce a medico-legal report setting out all of your husband’s injuries. The medical expert will examine your husband and have access to his hospital & GP notes, x-rays, etc.
The report will describe the extent of the injuries and importantly provide a prognosis setting out how long the expert expects your husband to make a full recovery and if not a full recovery what form of residual disability might remain.
It is important to note that you have described a fractured wrist and hand.
Keep a diary of symptoms experienced
There may however be further symptoms that develop, so it is important to keep a diary of symptoms setting out primary and secondary symptoms (both physical and psychological).
This medical report will form the basis of calculation of the compensation for pain and suffering.
Record of financial loss / expense with supporting receipts
Your husband should keep a note of all his financial loss and expense together with receipts. Examples include – lost income, medical expenses, travel expenses to the hospital/GP, car and assistance in the home.
See our article – financial loss and expense in a personal injury claim for more details.
Attempt to agree compensation amount
All this evidence is then put to the supermarket’s insurer to see if a compensation sum can be agreed.
Issue at court if no agreement can be made
If either liability is denied – your solicitor will issue the petrol station accident claim at court. The court will determine if the supermarket petrol station was legally at fault. In addition – the court will decide how much compensation should be awarded.
|Liability Accepted But Quantum Disputed|
|Your solicitor may have to issue at court if the the amount of compensation cannot be agreed even if legal fault is accepted.|
QUESTION 2 – Slip On A Spillage In A Petrol Station Shop
In this example – a petrol station customer suffers a broken wrist and dislocated shoulder when slipping on a wet floor in a petrol station shop.
We explain – when you can claim; the types of compensation that can be claimed; provide calculations for lost income and describe pain and suffering payouts.
Description – Petrol Station Slip Accident Claim
I went to a local petrol station to fill my car up with diesel. When I had finished filling my tank up – I left the forecourt and walked into the petrol station shop to make my payment.
I entered the shop and approached the counter. Suddenly my feet went from under me. I noticed at this point that the tiled floor was wet.
Petrol station attendant aware of customer spillage
The attendant saw me slip and immediately apologised. He explained that an earlier customer had spilt a drink and he had not had the chance to come out to clear it.
I landed heavily on my right wrist – in attempt to stop my fall. My wrist together with my right shoulder started to cause me a lot of pain. Too much to be able to drive.
The counter attendant called for assistance.
Assisted by petrol station employee
Another member of staff came – he mopped the spillage and put some cones around the wet area.
He helped to move my car to a parking spot at the petrol station. An ambulance was called and an accident book entry made.
Accurate accident book entry made
I requested he specifically include what his colleague had said about the spillage and not having time to clear it up, which he did.
Injuries diagnosed and treated
I went to A&E where I was examined – a displaced fracture of the wrist and dislocated shoulder were diagnosed.
I had shoulder was manually manipulated back into place and I had an operation on my wrist to manipulate it back into place and to have some k wires fitted.
My wrist is still in a case, my shoulder is causing me pain and I am unable to work as a heating engineer losing £600 a week.
Can I make a petrol station slip accident claim for compensation for my injuries and my lost income?
ANSWER – Petrol Station Slip Accident Claim Response
Duty of care
The petrol station business owes a duty of care to you as a customer to keep you safe when using their facilities. The duty is owed both as the occupier of the premises and as a business used by the public.
Public liability insurance for petrol station accident claims
The petrol station will have appropriate public liability insurance. This insurance will pay you compensation should you succeed with your claim.
System to deal with spillages
A business should have in place a system to deal with spillages – both a reasonable inspection system, but also a system to deal with a spillage when identified.
Spillage known to petrol station attendant
Here it is accepted by the petrol station till attendant that the spillage had already been identified. It was not sufficient that he was too busy to ensure that the area was correctly cleaned or cordoned off appropriately.
Therefore – it is likely that the business will be seen to have breached its duty of care and the issue of liability should be proven.
Evidence to support your version of events
Often after the event employees might change their story as to what they had stated orally (so as to avoid repercussions at work themselves), but you were prudent in ensuring that the entry was made into the accident book to this effect.
In any event – it would be quite likely the petrol station would have CCTV specifically aimed at the counter. Therefore, your accident would likely have been captured.
A solicitor making a petrol station slip accident claim on your behalf can obtain access to both the CCTV and the accident book entry. This evidence can be used to verify your version of events should liability be disputed.
Types and amounts of compensation you can claim
You would be entitled to claim general damages for pain suffering and loss of amenity for the physical and psychological injuries suffered. Here – a fractured wrist and a dislocated shoulder.
It could be that there are other injuries you have suffered, such as secondary symptoms and a psychological response. By keeping appropriate records including a diary of your pain and suffering – you will be able to identify all of your injuries and so ensure you are correctly compensated.
See our articles – how your solicitor proves the injuries you have suffered and calculates compensation amounts.
In addition to general damages – you can claim special damages (financial loss and expense as a direct result of your accident). This will include lost income – both past and future, so long as it can be proven.
FREE Legal Help And Assistance
Your injuries are quite serious and as such it is important that you have a specialist solicitor assist you with your compensation claim.
See our free telephone / online specialist solicitor assistance options. You can ask further questions, have your petrol station slip accident claim assessed or speak to our solicitors direct.