Compensation for Being Injured in a Pub, Bar or Club
Pubs, bars and clubs are the centre of nightlife in the UK, attracting millions of revellers every weekend. In what are often hectic environments, crammed with people, bottles and glasses, it is inevitable that accidents will occur which are not the fault of the injured person.
Pubs, bars and clubs are public establishments, and as such are regulated by the Occupiers Liability Act 1957. This means that the owner or occupier owes a duty of care to all visitors to their establishment, including taking all reasonable measures to prevent accidents and injuries. Pubs, bars and clubs are required to hold public liability insurance, which is used to compensate a person if they are injured through no fault of their own.
HSE statistics show that accidents in such venues most often involve slips, trips and falls, 90% of which result from wet floors. Spilled drinks, broken glasses and bottles all pose threats to visitors, and injuries are particularly severe, even life-threatening, when a person falls onto a piece of broken glass. Negligent behaviour on the part of the owner or staff are also a major factor in causing accidents, including failure to clean up spills or broken glass regularly and not having enough staff on duty to cope.
Typical Causes of Pub, Bar & Club Accidents
Slips, trips and falls are most often caused by spilled liquids or cleaning products left on floors, especially in toilets. Customers in establishments such as pubs also commonly leave items such as coats, handbags and shopping on the floor, presenting a potential tripping hazard to other patrons. Electric cables from jukeboxes, vending machines and musical equipment may also cause customers to trip and fall.
Where carpets are frayed, damaged or poorly fitted a similar risk will exist. There may be a further danger from uneven or poorly maintained surfaces on stairs, or in pub beer gardens and car parks, especially where such areas have inadequate lighting. Old or defective chairs and stools may cause injury if they collapse under a person’s weight.
The risk of accidents occurring in pubs, bars and clubs is heightened by the fact that other customers may be drunk and unaware that their behaviour poses are threat to others. They may accidentally barge into someone, causing them to fall, or spill drinks and break glass.
Violence on the part of other customers, staff or bouncers would normally result in a criminal compensation claim, though injured persons may also bring a claim against the employer or contractor under the principle of vicarious liability. Customers with disabilities may also bring compensation claims against public establishments such as pubs, where the facilities provided for them are inadequate and injury is caused.
Case Study: Compensation for Injury After Chair Collapses in Pub
Ms K was enjoying a night out with friends at the pub, where they had been allocated a table in the dining area. As the party took their seats, Ms K’s chair collapsed, causing her to fall heavily to the floor, landing her back. Ms K was in agony, and one of her friends drove her to hospital, while another ensured an accident report was completed by the pub’s manager.
Ms K had sustained a serious lower back strain, an injury that greatly reduced her range of mobility in the weeks following the accident. She also experienced muscle spasms and difficulties sleeping.
Ms K contacted Bartletts Solicitors, telling us that she wished to sue the pub for the injuries caused by the unstable chair. We wrote to the pub chain’s owners, explaining that defective furniture at the pub had caused Ms K’s injuries.
Under the Occupiers Liability Act 1957 the owner and/or occupier of a public establishment owes a duty of care to their visitors, and must make sure that their premises, including furniture, is properly maintained and safe to use. They admitted liability, and Ms K was awarded £4,500 in compensation for her injuries.
Case Study: Defective Furnishings Caused Nightclub Accident
A recent client of Bartletts Solicitors successfully claimed compensation after being injured when a bar stool collapsed at a nightclub that she was visiting with a friend. It later transpired that the screws connecting the seat to the base of the bar stool were loose, and as Ms T sat down, the cushioned seat slid away from the metal base causing her to fall sideways onto the floor.
The problem with the bar stool was not a manufacturing defect, rather it had been poorly assembled by staff at the venue, and was consequently in a defective condition at the time of the accident.
Ms T banged her head against the side of the bar as she fell, and sustained torn ligaments in her shoulder as well as bruising. Although she went on to make a full recovery, Ms T was angry, upset and traumatised by the accident, and consequently decided to seek legal advice.
Bartletts Solicitors later represented Ms T in a no win no fee claim against the nightclub’s parent company. Ms T’s companion was able to provide a witness statement, but in reality there was very little doubt regarding the circumstances of the accident, as the nightclub itself later acknowledged. The defect with the bar stool should have been spotted during the regular inspections that the occupiers of public premises are legally obliged to carry out on their fixtures and fittings, and should then have been immediately repaired, or else removed and replaced.
We therefore argued that the nightclub was in breach of the legal obligations it owed Ms T as a lawful visitor to the venue under the Occupiers’ Liability Act 1957. The incident had been reported to staff and the details recorded in the venue’s accident book at the time, and this helped our firm to settle the claim relatively quickly, with Ms T receiving £2,850 in compensation.
Compensation for Injuries in Pubs, Bars & Clubs
If you have suffered an injury as a result of an accident in a pub, bar or club that was not your fault, it will often be possible to claim compensation. If you want to know how to report an accident in a pub, bar or club, contact our firm today. Bartletts Solicitors has successfully represented guests injured at pubs, bars and clubs across England and Wales.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
