Compensation Awarded after Night Club is Found to be at Fault
- Businesses are legally obligated to ensure they are not putting you in any immediate danger
- Adequate measure should be taken to ensure regular inspections of the safety of premises for customers
- If you are injured because of negligence, you could make a compensation claim
Emma Ginley, Associate Solicitor and Personal Injury specialist at Simpson Millar
, has secured her client £5250 compensation after successfully pursuing a claim against a nightclub in Derby that had breached the Occupiers Liability Act 1957
Negligent Night Out?
The claim arose after a series of events transpired that led to our client being injured through no fault of her own. In what was supposed to be a fun night out in Derby with friends, full of fun – a turn of events saw our client end up receiving medical treatment for an injury to her shoulder.
- Our client was standing near the bar, enjoying her night.
- Suddenly, she felt a heavy force on her shoulder and as she turned, she saw a door being picked up, and removed.
- This was the door that had fallen onto her shoulder and injured her.
- Our client sustained a soft tissue injury, including bruising to her back and shoulder.
Emma Ginley successfully argued that the nightclub in question had breached their duty in accordance with Section 2(2) of the Occupiers Liability Act 1957:"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 Thing Speaks For Itself
Emma also confirmed that the principle of Res Ipsa Locquitur (literally, "The Thing Speaks For Itself"
in Latin) applies in this case. This means:"The occurrence of this type of accident is sufficient to imply negligence, on the nightclub's part."
In fact, the nightclub had failed in multiple areas where it should not have been negligent:
- It did not have a regular inspections and maintenance of any issues found,
- It did not take the adequate and necessary measures to ensure visitors would not come to any harm, and
- It also failed to warn visitors to the premises of the presence of the potential for harm.
In the wake of the injury, our client received medical attention at the Royal Derby Hospital, and we have helped to secure a series of 6-8 physiotherapy sessions over the next 6 months to ensure she has a full recovery.
How Can Simpson Millar Help You?
Emma Ginley and the rest of the Simpson Millar Personal Injury team are on hand if you need straightforward, jargon-free legal advice from experienced solicitors who have dealt with lots of varied personal injury claims.As in our client's case above – if you have been injured in an incident that was not your fault, or if you think negligence might be the cause – get in touch, today.