How To Claim Compensation For An Accident In A Pub, Bar Or Nightclub? – Who Is At Fault?

    When you go out to a pub, bar or nightclub to celebrate a birthday, a new job, or to simply catch up with friends or family, you want to enjoy yourself in a safe and relaxing environment. But accidents can occur in the venue that can have serious consequences for those involved. This may not only spoil your evening but could have an impact on your health and well-being too.

    If you have suffered an injury or illness because of an accident in a bar or pub that was not your fault then you could claim for compensation, provided the incident could have been avoided had the correct precautions been implemented. In this guide, we will provide you with information about how a victim of third-party negligence could make a personal injury claim, along with detailed examples of some common accident types to provide a clearer picture of what exactly makes a claim valid.

    Should you have any unanswered questions after reading this guide or you would like to speak with an advisor about your unique circumstances, call our team today on 0161 696 9685.

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    A Guide To Claims For An Accident In A Pub, Bar Or Nightclub

    Pub/Bar/Nightclub accident claim

    Pub/Bar/Nightclub accident claim

    You may be searching for legal advice on a range of questions following an accident in a bar, pub or nightclub. If so, you may find this guide particularly useful. We will look to answer all your questions, including:

    • “Can you sue a bar for injury?”
    • “Can you sue a nightclub for injury?”
    • “Can you claim if you have been attacked?”
    • “Can you sue a nightclub?”
    • “How to sue a bar for negligence?”

    In this guide to personal injury claims for accidents in a hospitality establishment, we will first discuss how a person could become injured in a pub, bar or nightclub as a result of third-party negligence. We’ll then look at several different risks and hazards which could inflict harm upon someone if the correct safety procedures are not properly in place.

    It is important to note that while some accidents are eligible for compensation, not all accidents constitute valid grounds to conduct claims upon. As every case is unique, you could benefit from the expert legal knowledge of a personal injury solicitor to guide you through the claims process.

    Our friendly advisors can evaluate the circumstances of your accident under a free, no-obligation consultation. Call us today to find out more.

    What Is An Accident In A Bar, Nightclub Or Pub?

    All pubs, bars and nightclubs have a duty of care to ensure that the safety of staff and guests is upheld. This could be through health and safety regulations, for example, which require establishments to put certain measures in place to minimise the risk of hazards arising. Generally speaking, no matter how small a business is, it must legally apply health and safety laws at all times.

    To comply with the law, catering and hospitality businesses must incorporate a range of basic safety strategies. These include:

    • Appointing competent employees for such duties
    • Writing health and safety policies
    • Providing relevant training
    • Issuing the correct workplace facilities
    • Displaying posters which detail relevant health and safety laws

    These are only a handful of the basic precautions which must be put in place. You can find more information about these procedures by clicking here. Furthermore, as an employer, for example, the minimum you must do under the Management of Health and Safety at Work Regulations 1999 is to assess risks to the premises regularly.

    Types Of Accidents In A Pub, Bar Or Nightclub

    There are several different accident types which could arise in a nightclub, pub or bar setting, some of which may result in a compensation award. These establishments owe a duty of care to those on-site at all times, regardless of their reasons for being there. 

    In the following sections, we will look at common examples of accidents or incidents which could take place in these environments when vital health and safety regulations are neglected by the operator of the premises.

    Criminal Injury And Assaults In A Pub Or Nightclub

    While this is not a form of accident, you could pursue a compensation claim for a criminal assault. Whether you were injured in a bar or injured in a nightclub, you could receive a monetary amount for the harm and suffering inflicted upon you. In such cases, you could make a compensation claim as a victim of a violent crime through the Criminal Injury Compensation Authority (CICA) which handles these cases.

    When you come to make a claim, you will need to provide certain pieces of evidence about the crime, such as:

    • Date/location
    • Criminal reference number
    • The name of the police station that the crime was reported to
    • Details of any previous CICA applications
    • Information on unspent criminal convictions (if any)
    • Your GP’s address and name

    This is not an exhaustive list. You can find information about any additional evidence which must be provided by clicking here.

    If you were the victim of an assault while at work, you could also make a claim. Click here to read our guide to workplace assault claims. It should be noted that the incident itself must be reported to the police before beginning your claim.

    Slips, Trips or Falls Caused By Wet Floors And Spillages

    A slip, trip or fall could occur in almost any setting, though in bars and clubs certain risks are more likely to arise. For example, a person could slip on a neglected spillage,r step on broken glass, or fall down a step that hadn’t been clearly marked, causing them to suffer an injury as a result. In these circumstances, it is the responsibility of the establishment to address  these types of hazards in order to reduce the risk of an accident occurring.

    It’s possible to prevent slips, trips or falls through many different techniques. According to the Health and Safety Executive (HSE), these include:

    • Risk Assessments: To manage health and safety risks, the operator responsible should assess whether enough is being done to prevent harm from occurring.
    • Avoid Contaminated Floors: This could be done through implementing mattings at entrances, fixing leaks or minimising spillages throughout the building.
    • Housekeeping: By using the right cleaning methods, spillages can be removed promptly and effectively. Floors should be left dry or, if still wet, pedestrians should be excluded.
    • Correct Footwear: For employees who work on-site, effective footwear should be supplied as “PPE” (Personal Protective Equipment).

    If you suffered a club injury after slipping over a neglected spillage, you could make a personal injury claim. Our panel of experts could assess the validity of your claim for free simply by calling us on 0161 696 9685.

    Accidents In A Beer Garden Or Outside Facilities

    A beer garden may become increasingly busy during the summer months when skies are blue and the sun is beating down. The establishment you visit must maintain these outdoor facilities to uphold a safe environment for customers. Otherwise, these facilities could become riddled with defective or broken equipment, such as chairs or benches, potentially leading to an accident.

    Take for instance a picnic table in a beer garden. As these are typically made of wood, they may become worn and splintered with use. In the winter months, the likes of outdoor benches need extra care and protection. Weather damage can lead to the development of hazards. 

    As the establishment in question owes you a duty of care to maintain outdoor, indoor and any other areas on-site, failure to do so could be seen as an act of negligence.

    Accidents Caused By Broken Or Damaged Facilities

    If facilities are poorly maintained or neglected entirely, then the potential for an accident to occur could be heightened. Under the Occupiers’ Liability Act 1957, a safe environment should be upheld at all times for both employees and visitors. Therefore, if the operator fails to abide by this legislation, and an accident in a bar occurs as a result, then the bar in question could be held liable for any injuries that result. For example, an accident could be caused by uneven flooring, broken furniture which may be prone to collapsing, or loose carpeting and mats. The Occupiers’ Liability Act 1957 extends to outside areas of a premise too, including car-parks, beer gardens and other external areas that make up part of the building.

    To make a club accident claim for an injury caused by broken or damaged facilities, contact us today.

    Pub, Bar And Nightclub Accident At Work Claims

    A personal injury claim is not just limited to guests of the establishment. You could also sue a bar for injury as an employee if your employer neglects their duty of care. If you want to pursue a claim for compensation, our panel of expert solicitors could provide you with guidance and support.

    As previously mentioned, your employer should abide by the relevant legislation to uphold safety standards for their employees. Under the Management of Health and Safety at Work Regulations (MHSWR) 1999, employers must consider all potential risks to employee safety and minimise these risks where applicable to protect workers from harm.

    This legal requirement also states that risk assessments are vital for identifying hazards which employees could be exposed to. This type of examination seeks to determine:

    • What hazards exist and where they may arise.
    • The extent of a risk.
    • Where prevention methods can be implemented.
    • How an action plan can be created to minimise said risks and hazards.

    There are additional prevention methods which should be taken into consideration, many of which you can find here. If you have suffered an injury of any severity, you could make a claim. If you’re concerned about claiming against your employer, you needn’t worry. By law, all businesses must have employers’ liability insurance in place to protect both employees and the business financially.

    Establishing A Pub, Bar Or Nightclubs Liability For An Accident

    For your personal injury claim to be deemed valid, it must first be established that another party owed you a duty of care. It must also be shown that they breached their duties of care and, as a result, you suffered an injury. This can sometimes prove a difficult point to determine but the process could be made simpler with the assistance of a personal injury lawyer. Our panel of legal experts has thirty years’ experience in representing victims of third-party negligence for accident claims. Give them a call today to find out more.

    It’s also important that you make your claim within the statutory time period. This time limit is just 3 years and the clock begins to tick from the date of the accident. We always advise seeking legal advice as early as possible. In doing so, you give your solicitor the best chance possible to obtain all available evidence, present your case to the defendant and negotiate a settlement.

    Steps To Take If You Have Had An Accident

    Following an accident, there are several steps you should look to take in order to strengthen your claim. This will enable your personal injury solicitor to distinguish exactly who is responsible. It may be possible for the defendant to admit liability. However, this is not always the case. Therefore, you should look to gather the following supporting evidence after an accident:

    • Photographic Evidence: This could be of the scene, showing the cause of the accident and your injuries. For example, if you suffered a knee injury then you should take photographs of the injury as it develops.
    • Witness Contact Details: If anyone witnessed the accident, you should gather their contact details for your legal representative to gather a statement at a later date.
    • Documents: When an accident occurs, it is important for you to report this to the relevant operator. For example, after an accident in a pub, you should report to the pub landlord or manager and ensure that the incident is recorded in an accident book.
    • Medical Treatment: You should also seek medical treatment, even if you suffer a minor injury, so that there is a record of your suffering.

    Accident In A Pub, Bar Or Nightclub Personal Injury Calculator

    In the table below are estimated compensation amounts for various injuries. These valuations are based on the Judicial College Guidelines, a legal publication that details compensation awards made by the courts.  It’s important to remember that the value of each claim is determined by its unique set of facts. It does, however, give you an idea of what you could recover.

    InjurySeverityAmountInformation
    Knee InjuriesSevere£65,440 to £90,290A severe knee injury will cause disruption to the joint. This may result in severe cases of osteoarthritis, a severe/gross degree to ligamentous damages and severe pain. The victim will experience lengthy treatment and a further loss of function.
    Constant£48,920 to £65,440As above, some of these symptoms will arise along with constant pain as a result of severe damage to the knee joint.
    Less Severe£24,580 to £40,770This injury will cause severe stress and pain on the knee joint, though these symptoms will continue even after surgical intervention.
    Back InjuriesSevere£85,470 to £151,070The most severe cases of this bracket will involve damage to both the spinal cord and nerve roots. These damages will lead to a combination of serious consequences which are not normally associated with typical back injury cases.
    Moderate£26,050 to £36,390Any residual disability will be of less severity than aforementioned. However, significant pain will still be endured as a result of moderate back injuries. For example, this could be from a compression/crush fracture of the lumbar vertebrae.
    Minor£7,410 to £11,730A full recovery from a minor back injury may take place without surgery over a two to five-year period. Additionally, shorter periods of acceleration and/or exacerbation injuries will also be included within this bracket, again with a recovery period of two to five-years.
    Shoulder InjuriesSevere£18,020 to £45,070These types of injuries are often associated with damage to the brachial plexus. Those who suffer such an injury tend to be left with significant disability, causing significant neck and/or arm symptoms.
    Serious£11,980 to £18,020An injury of this severity could be dislocation of the shoulder or damage to the lower brachial plexus. This will cause pain in the neck, shoulder, elbow and cause sensory symptoms in the forearm.
    Moderate£7,410 to £11,980A moderate shoulder injury could be justified as a frozen shoulder with limitation of movement. Discomfort from this injury will persist over a two-year period and also cause soft tissue injuries.
    Minor£4,080 to £7,410In less than two years, an injury to the soft tissue will make almost a complete recovery but with considerable pain.

    No Win, No Fee Claims For An Accident In A Pub Or Bar

    It doesn’t matter if you were involved in an accident in a nightclub, pub or bar, if you suffered as a result of the negligent actions of another person or party, you could be entitled to compensation.

    If you chose to pursue a case with a solicitor from our panel, they can give you the option of entering into a No Win, No Fee Agreement, also known as a Conditional Fee Agreement (CFA). The CFA is designed to offer claimants financial protection and the confidence to pursue justice. If you sign a CFA with a solicitor from our panel, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.

    If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped!

    Why Choose The Legal Helpline Team?

    Our panel of specialist solicitors has thirty years of experience handling personal injury claims of this nature. They will strive to win you the maximum amount of compensation possible and will guide you through the complexities of the legal process, explaining legal jargon along the way. And if ever you have a query or would like an update on your case, they’ll be on hand to take your call.

    Start Your Claim With Legal Helpline Today

    To begin your No Win, No Fee personal injury claim for a bar injury, club injury or pub injury, call us on 0161 696 9685 or click here to fill out an online enquiry form. We look forward to representing you!

    Resources And References

    In this section, you will find further resources and references which may help you with your circumstances.

    Hotel Accident Claims
    A guide to compensation claims for those who have been injured or made ill following a hotel accident.

    Compensation For Supermarket Accidents
    If you were made to suffer from third party negligence in a supermarket, you could make a claim.

    Health And Safety Statistics 2019
    A summary of statistics for health and safety in Great Britain by the Health and Safety Executive (HSE)

    Cuts And Grazes
    Information and advice by the NHS for cuts and grazes of all severities.

     

    Guide by HS

    Edited by REG