How can I prove negligence when I make a compensation claim for tripping on a pothole in an Aldi parking lot?

Proving negligence is one of the most important aspects of making a compensation claim for tripping on a pothole in an Aldi parking lot; as if a claim cannot be substantiated with evidence of negligence the case is unlikely to be successful.

One of the first actions to take is to return to the store to take photographs of the pothole. You should take a photograph using an item of known size for scale, which should be clearly visible in the picture. You should also measure and record the dimensions of the pothole with a ruler. A photograph should also show the location of the pothole in relation to the store. It must be clearly visible that the pothole is in an Aldi parking lot in at least one of the photographs

If you have not already done so, you should speak with a manager at the customer service desk and request the accident book. You should make a report of where the accident occurred, and write a brief summary of how you tripped on a pothole in the parking lot in Aldi, the injuries you sustained, the date and time of the accident and your full contact details. The accident book report is important as evidence as it links your injuries – proven by your medical records – to the Aldi grocery store parking lot accident.

You should then speak with a personal injury lawyer to obtain legal advice about claiming compensation for a trip on a pothole in Aldi. You should explain the circumstances under which the accident occurred. Be honest about any role you played in the accident, if any. If the accident was partly your fault – if you were not looking where you were going for example – this may affect how much Aldi grocery store parking lot accident you can claim. It is better for a lawyer to know this at the outset of the case, rather than for this to be brought as a defence once the compensation claim for tripping on a pothole in an Aldi parking lot has been made.

A lawyer will then need to be instructed to investigate the case, as the presence of a pothole does not necessarily mean the grocery store manager has been negligent or that there has been a failure in a duty of care. The duty of care owed to customers is not absolute, and the fact that you tripped on a pothole does not necessarily mean that you will be entitled to compensation. Your lawyer will need to establish whether the grocery store manager should have been aware of the pothole and have taken action to reduce the risk of it causing an accident – such as taping the area off or marking the pothole´s presence with a hazard warning sign.

To do this your lawyer will make an access request for the grocery store to release CCTV camera footage, as it may demonstrate how you tripped on a pothole in the parking lot in Aldi. The staff will be questioned to find out how long the pothole had been present and your lawyer will try to ascertain if any customers have previously made a complaint. Documentation will also be collected – such as the accident book report and your medical records – to submit as evidence to support your case.

With the photographic evidence that you recorded along with evidence collected by your lawyer, this should be sufficient to ensure the success of your claim for compensation for a trip on a pothole in Aldi.