OL/Nightclub / pub claims

Q. I have fallen in a pub or nightclub but no-one will help me claim compensation. Why is this?

Nightclubs and Bars can be dangerous places. It may be that they are not very well lit, or that there are hazards in the form of broken glass on the dance floor, or simply loose and raised carpeting waiting to trap the unwary.

Some statistics on slips and trips.

95% of reported slips and trips result in broken or dislocated bones.

The food and drink industry has four times as many slips and trips as other industries

Wet floors account for 90% of such accidents.

How do I know if I am eligible to claim?

To help you to decide whether you are eligible for compensation try answering the following simple questions:

1. Were the premises unsafe? YES
2. Was there a risk of injury? YES
3. Were you invited or permitted to be there? YES
4. Was there any warning of the risk? YES or NO

IF YES TO ALL, THEN CONTINUE

Were the premises safe ?

The owners of pubs and clubs owe a duty to their visitors (the paying public) to keep them reasonably safe. Lawyers often term this ‘occupiers liability. As far as the law is concerned, the occupier of premises owes a duty of care in regard to the safety of those premises to persons lawfully coming on to them. Under the Occupiers Liability Act 1957, an occupier of premises owes a duty the 'common duty of care', to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise.

The common duty of care is a duty 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 there.”

The circumstances relevant for the present purpose include the degree of care, and of want of care, which would ordinarily be looked for in such a visitor, so that (for example) in proper cases— an occupier must be prepared for children to be less careful than adults;

In determining whether the occupier of premises has discharged the common duty of care to a visitor, regard is to be had to all the circumstances, so that (for example) where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe.

However, the common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor. So for example a visitor to a pub or club who chooses to drink to excess may find that that he willingly took the risk that he might fall and injure himself.

The hazards most commonly occurring at pub and club premises tend to be slips, trips and falls.

Slips

Slips are usually caused either by inappropriate or worn floor coverings that do not give enough traction or by poor choice of footwear.

Slipping hazards can be caused by liquid spills, discarded food and the wrong cleaning products being applied to or left on floors. However, it is often not only the slip that causes injury but what the person falls onto. Visitors to pubs and clubs often slip on liquid on floors, and then fall onto discarded broken glass which has not been cleared away. This can cause scarring that affects the person for the rest of their life.

In order to prevent slips occurring, the following measures should be applied:

There should be an adequate number of staff responsible for immediately clearing up any liquid spillage, broken glass or dropped food.

Well-positioned absorbent mats should be in evidence to reduce the potential for a slip.

Floor coverings that can be easily cleaned and give good traction should be used in public areas. Kitchens, washrooms, toilets and bar areas especially, should have non-slip floorings. Where there is an increased risk of slips, such as bar areas, safety matting should be laid. Good quality carpet should be used where possible as it absorbs spillages reducing the risk of slipping and can be cleaned later.

Trips

Trips can be caused by any physical barrier to movement – with trailing cables and poor lighting around stairs being some of the main causes of trips in pubs and clubs.

And remember, too, that the Disability Discrimination Act sets out obligations on occupiers of premises to not discriminate against physically and mentally impaired customers including blind and partially-sighted people. Hazards must be identified with them in mind.

Corridors and gangways should be kept clear of objects likely to cause persons to trip at all times.

Falls

Most falls are an outcome of slips and trips but there are other causes that often occur in pubs and clubs.

With monotonous regularity barroom furniture collapses when sat upon, due to being either old or damaged or both. The furniture must be capable of taking the weight of a customer. Most furniture in sound condition can support 16 stone. Occupiers of premises have a duty to inspect their furniture regularly, and to remove any defective furniture they find to avoid the risk of harm to customers.

Stairs which have worn out carpeting or shiny surface coverings are in danger of becoming a ‘ski ramp’ for customers with hard shiny-bottomed shoes. As visitors to pubs and clubs are more likely to be wearing smart shoes than hiking boots, it is likely that the sole of the shoes will have little gripping ability. Protective nosing should be used to highlight edges and prevent stair edges from becoming worn and dangerous.