By Danielle Newton. Last Updated 4th July 2023. If you’ve slipped, tripped and fallen in a nightclub and suffered an injury, you may wish to learn more about your legal rights. If so, you’ve come to the right place. In this guide, we look at nightclub accident claims and how our panel of No Win No Fee solicitors can help you make a personal injury claim.
There is a wide range of injuries you could sustain in an accident in a nightclub. Some of these, like a broken forearm, may cause you pain and discomfort initially but are possible to fully recover from. Others, like brain damage or injury to the spinal cord, may be permanent and potentially life-changing.
Our advisors can help you. They are available 24 hours a day to provide you with free legal advice; furthermore, there’s no obligation for you to proceed just from getting in touch. They could also connect you with a solicitor from our panel if they feel your claim is valid. To find out more, get in touch with us by:
- Talking to us via live chat — you can find this at the bottom-right of this page
- Contacting us through our website
- Calling us on 0800 408 7825
A guide on suing a nightclub for an injury
Select A Section
- The Criteria For Nightclub Accident Claims
- What Duty Of Care Do Nightclub Owners Have?
- Nightclub Health And Safety Breaches
- What Accidents Could Happen In Nightclubs?
- What Evidence Could Help When Suing A Nightclub For An Injury?
- Nightclub Accident Claims Calculator
- Start Your Claim With A Specialist Lawyer
- Learn More About Hospitality Industry Accidents
The Criteria For Nightclub Accident Claims
When you’re in a nightclub, there are a number of ways you could sustain an injury. Some of these accidents might not be anyone’s fault. For example, you may twist your ankle while dancing because you misstepped; this is not the result of a breach of duty of care, which means you would not be able to claim.
However, there are other instances where an accident that causes you injury is caused by the party in control of the nightclub breaching their duty of care. A duty of care is a legal responsibility that someone has to ensure your safety.
If this duty of care is breached, you could be injured. If this is the case, you may be able to make a personal injury claim for the way that your injuries have impacted you.
To learn more about the criteria for nightclub accident claims, consider speaking to our advisors today to find out more. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
What Is The Time Limit In Nightclub Accident Claims?
If you are eligible to make a nightclub accident claim for your injuries, you must initiate legal proceedings within the relevant time limit as set out by the Limitation Act 1980. Usually, this is three years from the date of the incident.
However, in certain circumstances, there are limitation period exceptions. For example, there is an indefinite suspension applied to the limitation period for those who lack the mental capacity to make their own claim. During this time, a court-appointed litigation friend could make a claim on their behalf. However, if the injured party regains this capacity to claim and the legal process wasn’t started on their behalf, they will have three years from the date of recovery to start one.
Get in touch with our advisors to find out if you are within the limitation period, or if you have any questions regarding nightclub accident claims. If the time limit hasn’t expired and you have valid grounds for a claim, you could be passed onto one of the personal injury solicitors from our panel.
What Duty Of Care Do Nightclub Owners Have?
The Occupiers’ Liability Act 1957 is a piece of legislation that outlines the duty of care that those in control of public places owe those who use them for the intended purpose. This includes nightclubs.
Staff at nightclubs are also owed a duty of care by their employers. This is outlined in the Health and Safety at Work etc. Act 1974.
This means that the space needs to be maintained in a way that reduces the risk of injury to members of the public. For example, risk assessments should be performed by staff. Risks should then be removed or reduced as much as possible. If this cannot be done, then the hazards should be signposted.
There are also other things that someone in control of a nightclub would be expected to do as part of their duty of care. For example, they’re also responsible for fire safety.
As part of this, they should put in place appropriate safety measures and plan on what steps should be taken in an emergency. Furthermore, they should train staff on how to act if a fire were to occur.
Failure to fulfil a duty of care is considered a breach. If this breach of duty directly causes an injury, the nightclub would then be liable for negligence.
It is also important to note that you can only claim for things that the proprietors or staff were aware of or should reasonably be aware of. For instance, if someone spilled a drink and you slipped on it immediately afterwards, then you’d be unable to claim against the nightclub. This is because it’s not reasonable to expect that they would be able to clear up a spill straight away.
If you were injured in an accident caused by negligence, speak to us today about suing a nightclub for an injury. Our advisors can offer free legal advice as well as connect you to a solicitor from our panel if your claim is valid. Find out how we can help you with your claim today.
Nightclub Health And Safety Breaches
There are a number of ways that a nightclub could breach the duty of care that they owe staff and members of the public. For instance:
- Poor housekeeping. This could include things like leaving obstructions in walkways or failing to clean up broken glass or spills.
- Failure to store dangerous substances correctly. A nightclub might store harsh cleaning products for cleaning the bar, bathrooms and other areas. This should be properly stored to reduce the risk of someone sustaining a chemical burn.
- Lack of fire safety protocols. If a fire breaks out in an enclosed space like a nightclub, this could result in injury. This is especially the case if there is a lack of fire exits or no fire safety procedures in place.
- Poorly maintained premises. It’s important that things like flooring and stairwells are well-maintained to reduce the risk of injury. If the floor is in a state of disrepair, this could increase the risk of slipping and falling.
There are many more ways that someone in control of a nightclub could breach health and safety laws. If you can show that you’ve been injured because of negligence in a nightclub, you may be able to claim. Speak to one of our advisors for free legal advice.
What Accidents Could Happen In Nightclubs?
Below, we’ve included some of the kinds of accidents that could occur in a nightclub:
- Slips, trips and falls. These could occur if the flooring is unsuitable or if a spill is left without being cleaned up.
- Contact with corrosive substances. This kind of incident could happen if a harmful substance is not properly stored or is spilled without being cleared up.
- Hit by a moving or falling object. Nightclubs often contain speakers and DJ booths. If this equipment was not properly secured, leading to it falling and injuring you, you may be able to claim.
- Injured in a fire. If a fire were to break out in a nightclub, you could be injured if there weren’t fire safety procedures in place or if there were no fire exits.
Even if your accident is not listed above, we can still offer guidance on suing a nightclub for an injury. Call now and speak with an advisor to see if you have a valid claim.
What Evidence Could Help When Suing A Nightclub For An Injury?
You may be interested in starting a compensation claim for a nightclub injury. However, before you do, there are a few steps to be aware of in the claims process.
When you are initially injured, you should seek medical attention immediately. Not only is this the right move for your own health, but this will also generate a medical report that may be used as evidence in your case.
You may also wish to consult with a solicitor. Please note that you are not legally obligated to be represented by a solicitor. However, their experience and support could make the process of suing a nightclub for an injury easier than it otherwise would be.
You may also wish to begin collecting appropriate evidence. Some examples that could help support your claim include:
- CCTV footage
- Photographs
- Contact details from witnesses
- A report from an accident book
For more information about the steps that are involved in making a claim, speak to one of our advisors today. They’ll be happy to offer you free legal advice relating to your circumstances.
Nightclub Accident Claims Calculator
If you’re considering suing a nightclub for an injury, you may be interested to know how much you could receive in compensation. Because of this, we have provided a table based on the Judicial College Guidelines with a sample of injuries and the associated compensation for them.
This is intended to give you an estimate of the amount you could receive. This can be useful, but these are not guaranteed.
| Injury | Nature of incident | Possible compensation |
|---|---|---|
| Brain Damage (d) Less Severe Brain Damage | Where a good recovery has been made, and the injured person will be able to take part in normal social life. Poor concentration as well as a lack of mood inhibition can also occur. | £15,320 to £43,060 |
| Back Injuries Moderate (i) | Where residual disability is less severe, but there will be crush fractures as well as a substantial risk of osteoarthritis. | £27,760 to £38,780 |
| Neck Injuries (b) Moderate (I) | Here, you would expect to see either dislocations or fractures that could possibly require spinal fusion surgery. | £24,990 to £38,490 |
| Ankle Injuries (c) Moderate | Where there have been tears to the ligaments as well as fractures that can impede the ability to walk. | £13,740 to £26,590 |
| Wrist Injuries (c) | In this bracket, the injury may be less severe; however, there will still be some persistent pain and stiffness or other permanent disability. | £12,590 to £24,500 |
| Achilles Tendon (c) Moderate | Where the tendon has been partially ruptured, or there has been a significant level of injury otherwise. | £12,590 to £21,070 |
| Arm Injuries (d) | A simple fracture of the forearm | £6,610 to £19,200 |
| (e) Fracture of Clavicle | The extent of the fracture, whether it's displaced or undisplaced and whether there are any permanent residual symptoms will be taken into consideration when valuing compensation. | £5,150 to £12,240 |
| Hand Injuries (v) | Where the thumb has been severely dislocated. | £6,340 to £7,780 |
| Shoulder Injury (d) Minor (ii) | Where soft tissue injuries to the shoulder have caused considerable pain. However, a full recovery will have been made within a year. | £2,450 to £4,350 |
You will also be asked to attend a medical appointment with an independent expert. This is used to assess the severity of your injuries and see how much compensation you could be entitled to. The report generated from this appointment will be used to value your claim.
The part of your compensation that relates to your injuries is referred to as general damages. However, there is another head of claim that you could be entitled to. Special damages can be awarded to compensate you for financial losses sustained as a result of your accident. This can include lost wages if you have been unable to work, or travel costs to and from the hospital. It’s a good idea to keep hold of any receipts or bills that show the financial losses you’ve incurred to ensure you get the full amount of special damages you’re entitled to.
One of our advisors can assess your claim for you and tell you how much you could be owed. Simply get in touch today for free legal advice about suing a nightclub for an injury caused by negligence.
Start Your Claim With A Specialist Lawyer
You may be interested in starting a claim with legal representation, but have some reservations about the cost of hiring a solicitor. If so, you may wish to consider a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
With a Conditional Fee Agreement, you will not have to pay your solicitor anything upfront, while the claim is ongoing, or in the event of a loss.
In the event that your claim is successful, your solicitor will deduct a “success fee” from your compensation. This fee is legally capped to prevent overcharging and you’ll be made aware of it before your claim starts.
If you believe a Conditional Fee Agreement may be right for you, speak to an advisor today. They can offer free legal advice about suing a nightclub for an injury at a time that best suits you.
There’s no obligation to take your claim forward just from the initial consultation. However, if you have a valid claim and would like to proceed, they can also connect you with a solicitor from our panel.
Get in touch by:
- Talking to us via live chat — you can find this at the bottom-right of this page
- Contacting us through our website
- Calling us on 0800 408 7825
Learn More About Hospitality Industry Accidents
Broken Back & Slipped Disc Compensation Case Study Guide
Head Injury Compensation Case Study Guide
Torn Ankle Ligaments Compensation Case Study Guide
Request CCTV footage of yourself — This page tells you how you can request CCTV footage for use as evidence in a claim.
Statutory Sick Pay (SSP) — See if you’re eligible to claim SSP if you’re off work without full pay.
When to visit A&E— An NHS guide on when to seek medical attention from an Accident & Emergency department.
How To Claim Compensation – To learn more about making a claim for compensation, such as No Win No Fee agreements and the eligibility criteria, head here.
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Article by EC
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