Bar & Nightclub Injuries

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Bar & Nightclub Injuries

    Pubs, bars and nightclubs can be dangerous places for many different reasons:-

    • They may be poorly lit
    • People are often under the influence of alcohol and can become violent
    • Drinks can get dropped causing spillages and broken glass on walkways and dance floors
    • There can be other obstacles like training cables from vending machines, uneven flooring or loose carpeting.

    All of these are potential hazards which can lead to people suffering an injury from an accident or a criminal injury from an assault.

    How common are Bar & Club Accidents?

    According to statistics, the food and drink industry, of which bars and clubs are a part, have four times as many slips, trips and falls as other types of industries, and these types of accidents often result in fractures, dislocated bones and head injuries. What is worse is that the majority of these types of accidents are caused by wet floors, something that can be avoided by having the right policies in place.

    How to claim for Bar & Club Injury Compensation

    If you have suffered an injury as a result of an accident in a pub, club or bar, you should be able to claim personal injury compensation if you can prove that:-

    • You suffered an injury
    • The injury was not your fault
    • The premises were unsafe in some way – e.g. wet floor without any warning sign, broken glass lying around etc.
    • You were permitted to be in the premises by invitation or because it was a public area.
    • There was no warning of the risk.

    Just like any premises that are open to the public, the owner of the bar or club has “a duty of care” to their visitors, meaning that they should do all that they reasonably can to protect the public from harm. This is why companies and public premises have public liability insurance.

    A bar/club could be to blame for a slip, trip or fall if:-

    • They did not employ an adequate number of staff so that broken glass, discarded food and spillages could be dealt with immediately.
    • Floor coverings are inadequate, in poor condition, cleaned with the wrong products or are the wrong sort for the area they are in e.g. non-slip floorings should be used in public toilets and care should be taken with the choice of flooring for stairs.
    • There is inadequate lighting on stairs or around other such hazards.
    • There are obstacles like trailing cables.
    • The furniture is unsafe – Old, poorly maintained or inadequate furniture can collapse, causing injury to members of the public.
    • Stairs and steps do not have the right flooring or protective edges to prevent people slipping or falling.
    • Steps have not been taken to make the premises safe and accessible for those with disabilities.

    Another type of bar/club injury that you may be able to claim personal injury compensation for is an injury caused by being assaulted by “bouncers” or door staff, or being injured as a result of an assault by another member of the public. Sometimes, intoxication can lead to people becoming violent and starting a fight, and innocent bystanders can get hurt. Being assaulted in either of these ways is generally classed as a criminal injury and you should be able to claim criminal injury compensation from CICA (Criminal Injuries Compensation Authority) if you reported the incident to the police, assisted them with their enquiries and were not to blame in any way.

    If you have suffered any type of injury from an accident in a bar, club or bar that was not your fault, then you should seek the services of a no win no fee personal injury solicitor as soon as possible so that they can advise you on your case and start collecting the necessary evidence you need to support your case for personal injury compensation. Look for a personal injury lawyer who has an expertise in public liability cases, or criminal injury if you were assaulted, to give you a higher chance of winning your case.

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