Well, I do hope that you have all had a very merry Christmas and a Happy New Year! I can’t believe how quickly it has come and gone; but we all say this every year, and I doubt it will ever get any slower!
Anyway, if there’s one time of the year that we all generally like to go out to our favourite clubs, pubs, and bars, it’s over the festive and New Year season. New Years Eve is a big night for any club – and it tends to be one where people go a little crazy as well. We tend to find that there are a fair few injuries in nightclubs, pubs, and bars over the festive season; so, what can you do about it?
If you have been injured in a nightclub, it’s likely one of the following happened to you:
- You slipped on a wet floor
- You cut yourself on broken glass
- You were assaulted, or involved in some form of ‘fight’
- You were barged in to or injured through someone else being too drunk
- You lost balance and fell down because of the amount you’d had to drink!
If you fit in to either of the top three categories, there is the potential to claim. Sadly, if you fell over due to your own inebriation through alcohol, you probably only have yourself to blame…
If you slipped on a wet floor, then the chance of making a successful claim is still quite slim, unfortunately. For those responsible for the premises to be at fault, and so liable to compensate you, they must have been negligent in some way. Sadly, you cannot stop all drinks being spilt. You can make a good effort to prevent injuries from occurring, through the use of wet floor signs or other warnings, rules allowing no drink on a dance floor where people are likely to be moving, and / or regular inspection and maintenance regimes.
It’s best to speak to a lawyer about the potential prospects for success for your injury case. The other problem could be records. Many people don’t think to report an incident after it has occurred. If you cannot prove an incident has occurred, you may hamper your chances of making a successful claim. The first thing you should do is report the incident to a member of staff immediately, fill in an accident report form , and contact the establishment the following day and make a formal request that they retain any CCTV footage they may have.
If you were assaulted, and the incident was entirely unprovoked, you should speak to the Criminal Injuries Compensation Authority (CICA) to find out whether you are eligible to make a claim or not. However, you should report the incident to the police right away, and ensure you seek medical attention ASAP – if you don’t, you may not be eligible to claim under their scheme.
In any event, claiming for injuries in nightclubs is inherently difficult to do. However, don’t let that put you off – seek the advice of a quality injury lawyer to find out where you stand. If you were genuinely innocent in the incident, but had had a large quantity to drink yourself, the other side may try and oppose your claim, or reduce your payout if they can prove your inebriation was partly the cause of an incident or injuries.
For expert advice, feel free to give us a call.
