Nightclub Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a nightclub accident, we can help.

Whether your injuries were caused by a slip, trip, fall or other incident, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim for an accident in a public place with the help and support of a personal injury solicitor.

Your solicitor will ask you about how the accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries, lost earnings and other expenses they will also work out how much money you can claim.

Owners or occupiers of business premises should have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.

We can help you make an injury claim, on a No Win No Fee basis.

In this article

Introduction

Low light levels, slippery dance floors, broken glass and excessive alcohol consumption, all present significant risk to nightclub patrons. However, club owners and occupiers owe a duty of care to patrons to ensure that the nightclub is safe and fit for purpose.

If you are injured because a nightclub's health and safety measures were inadequate, you could be entitled to make an occupiers liability claim for injury compensation.

From slips, trips and falls leading to bruising, sprains and broken bones, to lacerations from shards of glass or other sharp hazards, compensation can be claimed for many of the injuries sustained in nightclubs, pubs and bars, even if you were intoxicated when the accident happened.

What are the legal responsibilities of a nightclub owner?

Under the Occupier's Liability Act 1957, nightclub owners have a legal duty to ensure that visitors to their premises are kept reasonably safe from harm. This means making sure that club patrons are not exposed to unnecessary or foreseeable risks.

As part of this, owners need to carry out an initial risk assessment, identifying any potential hazards, and then implement sufficient health and safety procedures. This includes having a system in places to ensure that regular checks are carried out and that they are quick to remove hazards.

This regular checking is essential in nightclubs as new hazards can occur on a regular basis. For example, drinks are often spilt or glasses dropped and broken. This can occur anywhere from the dance floor, to the bar, to the public toilets.

Safety breaches that can lead to a nightclub injury claim

If an accident occurs in a nightclub because of an avoidable risk, such as insufficient lighting, slippery stair coverings or broken glass on the floor, a person can claim for personal injury compensation as the nightclub owner failed to meet their duty of care'.

Not every risk or hazard must be removed immediately once identified. However a suitable warning must be in place, such as a wet floor or danger sign.

Common examples of safety failures which lead to nightclub injury claims include:

  • Owner/manager did not employ enough staff to adequately clean up drink spills and broken glass
  • Floor coverings were unsuitable (not non-slip), poor quality or slippery due to the use of incorrect cleaning products
  • Lighting was inadequate on the stairs or around other hazards
  • Obstacles, such as tailing cables, were not removed or suitably covered
  • Chairs, tables and other nightclub furniture was unsafe due to poor quality or poor maintenance
  • Excessively loud music

Other causes of injuries in nightclubs include an assault by a bouncer or member of the public. However these would be classed as a criminal injury. This would entail a claim for criminal injury compensation through the CICA (Criminal Injuries Compensation Authority), rather than a personal injury claim.

What should I do after a nightclub accident?

When an accident happens in a nightclub the first priority is seeking medical attention and notifying staff. Not only should staff administer first aid or call an ambulance for more serious injuries, but they should also log the incident in the premises' accident book.

Other steps to take which will help build a case for a compensation claim include:

  • Photographing the scene of the accident
  • Photographing the injuries
  • Seeking witnesses and requesting contact details
  • Asking for security camera footage that may have captured the incident

If negligence can be proven, the nightclub owner should have insurance in place to cover any claims made against them.

Do I have an injury claim?

It should be possible to make an injury claim if you sustained an injury:

  • in the last 3 years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
Check my claim

Claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious head injury can be £30,000

For a more minor wrist injury, in isolation, you would typically receive £2,900.

However, if you have a serious head injury and a more minor wrist injury, you would typically receive £30,000 + a reduced percentage of £2,900.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Will I have to pay tax on my nightclub injury compensation?

If you receive financial compensation following a nightclub injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

Calculate compensation

How long does a nightclub injury claim take?

How long it can take to secure compensation for a nightclub accident can vary significantly.

A straightforward uncontested occupiers liability claim might be concluded in a few weeks. However, if liability is denied a compensation claim can take longer. Typically, an occupiers liability claim will take 6 to 9 months. See more: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I get financial advice?

Your solicitor will be able to advise you on whether to accept a financial settlement for your nightclub injury claim. If you require tax planning or trust advice, the solicitor will recommend and work closely with a financial adviser.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee - the facts

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

Our no win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making an injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor