£6,000 awarded to nightclub patron for toe injury

The female claimant was awarded £6,000 following a toe injury she sustained when she stood on a broken bottle in a nightclub.

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Case details

Details of the injury

The claimant was attending the defendant's nightclub premises when she stood on a broken bottle and the glass pierced her left great toe. The claimant felt pain and sustained an immediate loss of blood.

The claimant went to her local hospital two days later for her wound to be dressed and due to continuing pain attended her GP a month later.

The claimant was in significant discomfort for the following 8 months to the extent that she had to go back for medical attention on 11 further occasions. Seven months post accident she had to undergo surgery to remove scar tissue. The stitches were taken out a week later and the claimant then had to use crutches for a period.

The claimant took painkillers for 9 months after the accident and due to the continuing discomfort she couldn't wear socks or anything but open toed shoes. The claimant was a childcare worker who had to wear full shoes at work so this meant she could not attend work for 9 months. For the same period of time she couldn't drive, go swimming, play badminton or go to the gym.

The claimant's symptoms gradually resolved from 9 months after the accident so that at two years post accident she suffered from only occasional discomfort.

Allegation

The claimant alleged that the nightclub breached their duty of care in not making the premises reasonably safe for customers attending the premises.

Conclusion and Settlement

The claimant who was 36 at the time of the incident and 41 at the time of trial at Dewsbury County Court was awarded £6,000 general damages on the basis that she had suffered symptoms in her toe for nearly 3 years in total. The claimant was left with minor scarring on her toe but no ongoing pain.

Read more: work accident compensation claims

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Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher