This guide will explore the question ‘can you sue a nightclub for an injury?’. Certain third parties owe you a duty of care. If this duty of care is breached and you sustain harm as a result, you may be able to seek compensation. We will explore the eligibility criteria for doing so in more detail throughout this guide.
Can you sue a nightclub for an injury?
This guide will also explore what steps you can take to start a personal injury claim.
Additionally, we will discuss the compensation you could receive following a successful claim and how it’s calculated.
You can also contact our advisors if you have any questions. Our team are available 24/7 to help. To get in touch, you can:
- Call 0800 408 7827
- Complete the contact form on our website
- Message an advisor through the live chat feature below.
Choose A Section
- Can You Sue A Nightclub For An Injury? – A Guide
- When Can You Make A Personal Injury Claim?
- What Evidence Can Help You In A Serious Injury Claim?
- How Much Can You Get For A Personal Injury Claim?
- Why Make A Personal Injury Claim On A No Win No Fee Basis?
- Learn More About When You Can Sue A Nightclub For An Injury
Can You Sue A Nightclub For An Injury? – A Guide
In order to make a personal injury claim, you must be able to demonstrate that negligence occurred. Negligence involves you being owed a duty of care by a third party and sustaining harm due to them breaching this duty of care.
If the accident that caused your injuries was wholly your fault, it is unlikely that you will be able to make a personal injury claim. However, if you can prove that a third party was at least partially liable for the accident or your injuries, you could still seek compensation.
If the third party is partially responsible for the accident, this is know as split liability. If they were partially responsible for your injuries, this is known as contributory negligence.
An accident in a nightclub could involve both members of the public and employees. As such, this guide will cover both accidents at work and accidents that have caused you to sustain an injury in a public place. In each of these circumstances, you are owed a duty of care. We have explored this in more detail in the section below.
To learn more about whether you can sue a nightclub for an injury, get in touch on the number above.
When Can You Make A Personal Injury Claim?
The person in control of a public space has a duty of care to ensure the reasonable safety of those visiting the space for it’s intended purpose. This extends to those in control of public spaces such as a pub or bar or nightclubs.
The duty of care they owe is outlined in the Occupiers’ Liability Act 1957. If this duty of care is breached, an accident causing injury can occur.
For example, the owner doesn’t complete regular maintenance checks and fails to repair a faulty handrail on the stairs. As a result, you fall down the steps and break your hip.
As an employee of a nightclub, you are owed a duty of care by your employer. Your employer must ensure that they take reasonable steps to reduce or remove the risk of harm posed by known hazards. This is outlined in the Health and Safety at Work etc. Act 1974.
A failure to uphold this duty could lead to an accident at work. For example, you suffer a break or fracture in a slip, trip and fall accident because a wet floor behind the bar isn’t adequately cleaned or signposted.
For more information on when you can sue a nightclub for an injury, please get in touch using the number above.
What Evidence Can Help You In A Serious Injury Claim?
If you’ve been injured in an accident at a nightclub, you must provide evidence of third-party negligence in order to claim. The evidence you provide can vary depending on the specific type of accident but can include:
- CCTV footage of the accident.
- Photographs of where the accident occurred and of your injuries.
- Details of witnesses that can provide statements at a later date.
- A copy of the report from the accident book, if it occurred while you were working.
- Medical records.
In addition to collecting evidence, you must also ensure you are within the relevant time limit in order to seek compensation. The Limitation Act 1980 states that you must start your personal injury claim within three years from:
- The date the accident occurred
- The date you connected your injuries with the breach of duty.
Some exceptions may apply, however. For example, if the person is unable to claim because they lack the mental capacity to do so, the time limit will be frozen indefinitely. During this time, a suitable person can apply to act as a litigation friend and make the claim on their behalf.
Similar exceptions can apply if the injured person is under the age of 18. To learn more about how long you have to sue a nightclub for an injury, get in touch on the number above.
How Much Can You Get For A Personal Injury Claim?
Alongside checking your eligibility for if you can sue a nightclub for an injury, it may be useful to see what you could receive in compensation.
In personal injury claims, compensation is often split into two heads. The first of these is general damages. This head compensates you for the way in which your injuries have impacted your quality of life. This includes any physical and psychological harm.
Legal professionals can use the Judicial College Guidelines (JCG) to help them calculate the general damages head of claim. This publication sets out guideline compensation brackets for different injuries. You can see some examples of the compensation brackets from the JCG in the table below.
| Injury | Compensation |
|---|---|
| Very Severe Brain Damage (a) | £282,010 - £403,990 |
| Moderately Severe Brain Damage (b) | £219,070 - £282,010 |
| Severe Pelvis and Hip Injury (a) (i) | £78,400 - £130,930 |
| Severe Pelvis and Hips Injury (a) (ii) | £61,910 - £78,400 |
| Less Severe Arm Injury (c) | £19,200 - £39,170 |
| Very Severe Ankle Injury (a) | £50,060 - £69,700 |
| Moderate Ankle Injury (c) | £13,740 - £26,590 |
| Less Severe Elbow Injuries (b) | £15,650 - £32,010 |
| Wrist Injuries (a) | £47,620 - £59,860 |
| Less Serious Leg Injury (c) (i) | £17,960 - £27,760 |
The table above is a guideline and the settlement you receive will differ as each claim is valued based on it’s unique circumstances.
Special Damages In Personal Injury Claim Payouts
The other head of claim is special damages. This covers the financial losses you experienced due to your injuries. Examples of financial losses can include:
- Travel expenses
- Medical fees
- Care costs
- Loss of earnings
In order to seek special damages, you must provide evidence of financial losses. This can include bank statements, receipts and invoices.
Contact our advisors today for more information on the compensation you could receive following a successful claim.
Why Make A Personal Injury Claim On A No Win No Fee Basis?
Our panel of No Win No Fee solicitors can offer their services under a Conditional Fee Agreement (CFA).
As per the terms of a CFA, you typically won’t be required to pay for their services following an unsuccessful claim.
Following a successful claim, a success fee is taken from your compensation. This is deducted as a legally capped percentage.
To learn more about if you can sue a nightclub for injury with help from one of the solicitors on our panel, please get in touch by:
- Calling 0800 408 7827
- Completing the contact form on our website
- Messaging an advisor through the live chat feature below.
Learn More When You Can Sue A Nightclub For An Injury
For more of our guides:
- How to sue a former employer for an injury
- How to sue a store for an injury
- How to sue your local council
For more external resources:
- Health and Safety Executive – Workplace accident statistics
- GOV – Statutory sick pay
- NHS – First aid
Thank you for reading our guide discussing the question ‘can you sue a nightclub for an injury?. Contact our team today for further support.
Article by ALL
Edited by MIT