By Stephen Bishop. Last Updated 11th April 2024. 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, contact our team today either online or by calling us on 0161 696 9685.
Jump To A Section
- How To Claim Compensation For An Accident In A Pub, Bar Or Nightclub
- What Is The Time Limit For Pub, Bar Or Nightclub Injury Claims?
- Steps To Take If You Have Had An Accident
- Accident In A Pub, Bar Or Nightclub Personal Injury Calculator
- How To Claim Compensation For An Accident In A Pub, Bar Or Nightclub With A No Win No Fee Solicitor
- Resources And References
How To Claim Compensation For An Accident In A Pub, Bar Or Nightclub
When you are in a pub, bar or nightclub, you are owed a duty of care by another party. Who exactly owes you that duty and how it works depends on whether you are a customer or an employee on site.
- Visiting as a customer/member of public – When you are in a public space, the controller of that space owes you a duty of care under the Occupiers’ Liability Act 1957. This means that the controller should take steps to ensure your reasonable safety while you’re in the public space.
- Working at a pub, bar or nightclub – Under the Health and Safety at Work etc. Act 1974, employees are owed a duty of care by their employer. An employer should take reasonable steps to protect their staff from harm while in the workplace and performing their work-related duties.
If you are injured in a pub, bar or nightclub, then you may be eligible to make a personal injury claim if the following applies:
- You were owed a duty of care by another party.
- This duty was breached.
- You were injured because of this breach.
For more advice on your eligibility to make a pub, bar or nightclub injury claim, you can contact our advisors for free today.
What Is The Time Limit For Pub, Bar Or Nightclub Injury Claims?
In accordance with the Limitation Act 1980, there is a three-year time limit for starting a personal injury claim. This usually starts from the date the incident occurred. However, the time limit can work differently if the injured party is under 18 or lacks the mental capacity to make a claim.
Usually, to be able to enter a bar or nightclub, you need to present photographic ID that proves you are 18 years old. However, minors are usually allowed inside pubs until a certain time. If a child has been injured in a pub, then the time limit for starting a claim will be put on hold until their 18th birthday. A litigation friend could start a claim on the child’s behalf before they reach that age. Otherwise, the injured person will have three years to start their own claim once they turn 18.
The time limit for starting a claim will be frozen indefinitely if the injured party lacks the mental capacity to handle their own legal proceedings. During this time, a litigation friend could start a claim on their behalf. If, however, the person later regains their mental capacity and a claim hasn’t been made already, then they will have three years from the day of recovery to start their own one.
To learn more about the requirements for starting a pub, bar or nightclub injury claim or to check whether you are still within the time limit then contact our advisors for free either online or on the phone.
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
A compensation payout for a pub, bar or nightclub injury claim may include general damages and special damages. General damages compensate you for the pain and suffering caused by the injuries you suffered in the accident. This head of claim is awarded in all successful cases.
The table below features some of the compensation guidelines included in the Judicial College Guidelines (JCG). This is a document that may be used by those valuing your injury claim for general damages, since it lists various kinds of injuries alongside guideline compensation brackets.
The table below should be viewed as a guide only. It should also be noted that the first entry in the table is not taken from the JCG.
Injury Severity Amount Information
Multiple Serious Injuries With Special Damages Serious Up to £500,000+ If you are eligible to claim for multiple injuries sustained in a pub, bar or nightclub, then you may receive a payout covering all of these plus related special damages, such as loss of earnings.
Back Injury Severe (i) £111,150 to £196,450 The 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.
Back Injury Moderate (i) £33,880 to £47,320 Any 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.
Back Injury Minor (i) £9,630 to £15,260 A 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.
Knee Injury Severe (i) £85,100 to £117,410 A 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.
Knee Injury Moderate (i) £18,110 to £31,960 This bracket may apply to injuries such as a dislocation, torn cartilage or meniscus resulting in symptoms such as minor instability.
Shoulder Injury Severe £23,430 to £58,610 These 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.
Shoulder Injury Serious £15,580 to £23,430 An 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.
Arm Injury Less Severe £23,430 to £47,810 Significant disabilities will have been suffered but a substantial amount of recovery will have or is expected to take place.
Arm Injury Simple Fractures £8,060 to £23,430 Affecting the forearm.
If you successfully claim general damages, then your compensation may also include special damages. This compensates you for the financial expenses or losses you’ve experienced due to your injuries.
For example, if your injuries have forced you to take time off work in order to recover, then any loss of earnings you have experienced may potentially be claimed back under special damages. Other losses that you could claim for include:
- The cost of certain medical treatments.
- Travel expenses for important appointments.
- The cost of prescriptions or any over-the-counter medicines.
Certain documents, such as bank statements or wage slips, could be collected as evidence to support a claim for special damages.
For more advice on how much you could claim if you’ve been injured in a pub, bar, or nightclub, please contact our advisors for free today. They can discuss your potential case.
How To Claim Compensation For An Accident In A Pub, Bar Or Nightclub With A No Win No Fee Solicitor
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 type of No Win No Fee Agreement that’s called 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.
To learn more, contact our team by either:
- Using our online contact form
- Using our 24/7 live chat service
- Or by calling us on 0161 696 9685
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.