{"id":681,"date":"2013-12-11T13:17:34","date_gmt":"2013-12-11T13:17:34","guid":{"rendered":"http:\/\/www.claims.co.uk\/?page_id=681"},"modified":"2023-07-27T13:27:06","modified_gmt":"2023-07-27T13:27:06","slug":"barclub-attack-claims","status":"publish","type":"page","link":"https:\/\/www.claims.co.uk\/criminal-injury\/barclub-attack-claims","title":{"rendered":"Bar\/Club Injury Compensation"},"content":{"rendered":"

Nightclub Injury Claim<\/h1>

If you’ve been injured in a pub, bar or nightclub and it was someone else’s fault, you could claim compensation for your injuries.<\/p>

Most of us have been to a pub or nightclub at some point in our lives and expected to have a good time socialising on a Saturday night or after a hard day at work.<\/p>

However, bars, clubs and nightclubs can be risky places – not only for visitors but also for workers, such as waitresses, bartenders and door stewards. The combination of alcohol, dimmed lights and high spirits means there’s a real risk of slipping on a spilled drink, falling on broken glass and tripping over obstacles or uneven flooring. If our senses are impaired because we’ve had just a little too much to drink, the opportunity for a bar or nightclub accident increases.<\/p>

These types of accident can cause injuries ranging from cuts and bruises, broken bones, head and back injuries and soft tissue injuries. Drink-fueled emotions can also lead to physical assaults and other criminal offences. Unfortunately, the reality is that working or having a good time in a pub, bar or nightclub can end in injury.<\/p>

If you’ve fallen over or tripped or slipped in a bar or nightclub, you may be able to make a no win no fee personal injury claim to compensate you for your injury and the effects it’s had on your life.<\/p>

If you’ve been unfortunate enough to be assaulted by someone in a bar or a nightclub, it may well be possible to claim criminal injuries compensation<\/a>.<\/p>

For more information about the no win no fee nightclub injury claims process<\/a> and to find out whether you could sue a bar, pub or nightclub – or even an individual – you can get in touch with a trained legal adviser for a free consultation on 0800 234 6438<\/span>.<\/p>

If you were drunk when your injury happened, it’s likely you can still start the nightclub injury claims process, although your own conduct could affect the amount of compensation you receive. Your lawyer will talk this through with you in time.<\/p>

DID YOU KNOW:<\/b> There were roughly 46,800 pubs operating in the UK in 2020 and fewer than 7,000 registered nightclubs in 2021.<\/div>
SOURCE:<\/b> Statista<\/div>
DID YOU KNOW:<\/b>According to the Health and Safety Executive, slipping and tripping is the single most common cause of major injury in UK workplaces, and the most reported injury to members of the public.<\/div>

What’s ‘no win no fee’?<\/h2><\/a>

No win no fee is a cost-effective, risk free way to make a personal injury claim. Essentially, you’ll enter into a conditional fee agreement with your solicitor and, if your claim is successful, you’ll receive your compensation and can spend it however you choose.<\/p>

Under this no win no fee agreement, you’ll need to pay your solicitor’s success fee as a percentage of your compensation – but this success fee will only be a small portion of your claim (and never more than 25% of the money you receive).<\/p>

And if your claim does not succeed, your no win no fee agreement will mean you have no legal fees or costs (or success fee) to pay out.<\/p><\/div>

Do pub and club owners have a legal duty to keep customers safe?<\/h2><\/a>

No one should look forward to going out for a drink or a night out at a club and expect to come home injured and facing the prospect of needing to make a nightclub injury claim.<\/p>

Any business in the hospitality sector – whether it’s a nightclub, pub, bar, restaurant or hotel – must comply with strict duties under health and safety laws to minimise the risk of injury and harm to pub and nightclub employees and to customers.<\/p>

If they fail to take reasonable measures as required, and someone is injured as a direct result, it’s only fair that the injured person should be allowed to make a claim against the business owner\/operator.<\/p>

The law relevant to making personal injury compensation claims are different depending on whether you were a visitor to the club or bar (eg a customer or delivery person) or an employee working on the premises.<\/p><\/div>

How can I make a nightclub injury claim as an injured customer?<\/h2><\/a>

When you visit a bar for a pint with a friend or go to your favourite club for a night out, the bar and nightclub owners owe specific legal duties to you as a visitor to its premises. This is known as ‘occupiers’ liability’.<\/p>

The law relating to occupiers’ liability<\/u><\/strong> imposes a duty on pub and bar operators and nightclub owners to take reasonable steps to keep their visitors reasonably safe from hazards. Visitors are individuals who have permission to be on the premises – whether that’s express or implied permission; as well as those who have a lawful right of entry to the property. This includes customers, delivery drivers, police officers, rubbish removal firms, environment health personnel and workmen.<\/p>

The operators of bars and pubs must exercise an even greater level of care where it can be expected that children may be on the premises – or face the prospect of nightclub injury claims.<\/p>

In some cases, this duty of care even extends to trespassers on the property. Any individual who is owed a duty of care but the duty is breached, resulting in the individual being injured – even if they do not have permission to be on the premises – may be able to claim personal injury compensation on a no win no fee basis.<\/p><\/div>

What steps should bars and clubs take to protect customers and visitors?<\/h2><\/a>

Pub and bar operators and nightclub owners are required to ‘take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be ther<\/span>e’ (S2 of the Occupiers Liability Act 1957).<\/p>

If they fail in these duties and someone suffers subsequent injuries, they should not be surprised to be on the receiving end of bar or nightclub injury claims for compensation.<\/p>

For example, these businesses should take on enough staff to clean up broken bottles and spilt drinks within a reasonable time; and make sure appropriate hazard signs are put out to warn customers of the risk of slips, trips and falls<\/a>, eg if maintenance work is being carried out in an area either internally or externally, such as car parks and walkways.<\/p>

The business operator should also make sure floor surfaces are safe from the risk of injury. An initial risk assessment should be carried out and unnecessary or foreseeable risks identified and either remedied – or warning signs erected.<\/p>

For example, typical risks in pubs and clubs floor surfaces include frayed or uneven carpeting; holes in the carpet; loose and trailing electrical cables; obstacles placed on the floor and spillages.<\/p>

Furniture can also pose a health and safety risk: sharp corners, protruding nails and rotting wooden chairs can cause painful injuries to the unsuspecting. The lighting may also be dimmed to a dangerous level, preventing visitors from being able to see sufficiently where they are going.<\/p>

Lack of staff can directly lead to a higher risk of injury: a busy inner city nightclub whose operator does not recruit enough door stewards to limit admission, or lacks sufficient security personnel to patrol outside the premises could be held responsible if altercations escalate and someone is injured. Cutting costs should not come at the risk of health and safety.<\/p>

Food safety legislation in the UK is also strict and must also be complied with by bar and club operators. So anyone who believes they’ve suffered food poisoning after eating or drinking on the premises may be able to bring personal injury claims<\/a> for their pain and suffering.<\/p>

If you’ve been injured due to a slip, trip or fall in a bar, or on a piece of furniture that was not safe, we know it’s very easy to blame yourself – particularly if you’ve have a lot to drink or the lights were dimmed.<\/p>

However, if the business operator followed the right safety measures, a lot of pub and nightclub accidents can be avoided. If you think your injury might have been caused because of their negligence, an expert personal injury solicitor can help you on the road to making a claim.<\/p><\/div>

I was injured while working in a bar or club – can I make a claim?<\/h2><\/a>

Working in a pub, bar or nightclub can be enjoyable if hard work. It’s physically demanding, typically involves working into the small hours and there’s the risk of dealing with difficult customers who have had too much too drink. It’s not hard to see how nightclub and bar workers are, at times, at greater risk of injury – whether that’s a criminal assault or slipping or falling.<\/p>

But you still have the right to expect to go to work and do your job, interacting with customers, and leave the premises to go home safe from any injuries. Unfortunately, it’s not unusual to suffer an injury while working in a bar or nightclub. Yet, employee safety should always be at the top of any employer’s priorities.<\/p>

Thankfully, your employer has strict legal duties to ensure your safety as an employee. Their duties also apply to workers including those working under zero hours contracts. If the business operator breaches their legal duties and a bar or nightclub accident occurs, they should be held to account for any injuries caused to workers.<\/p>

Employers’ general duties are set out in the Health and Safety at Work etc. Act 1974. These include:<\/p>