I am seeking to claim for an accident in a nightclub but am not sure if I qualify. During a visit to a local nightclub recently I injured my foot, suffering a two-inch long laceration caused by broken glass on the dance floor. Although I had been drinking at the time, I still feel that I deserve to be compensated for my injuries. Am I entitled to claim compensation?
Whether or not you are entitled to claim for an accident in a nightclub depends on who was at fault for your injury. Although by you had, by your own admission, been drinking at the time you sustained your foot laceration, this may not disqualify you from being able to claim for compensation, although if the claim goes to court the defendant may try to argue that it was a factor. Night clubs, like any business, have a duty of care toward visitors on their premises and although most are complaint with safety standards and regulations, accidents do happen. In your case, glass should not have been present on the dance floor in the first place – most night clubs operate a no drinks on the dance floor policy to protect against incidents of exactly this nature. And in cases where glasses do break staff are usually on hand to attend to it.
The first thing you should have done after the accident is seek proper medical attention – this means visiting the nearest hospital’s Accident and Emergency department; seeking first aid or tending to your injury yourself is not sufficient. Apart from being vital to protecting your health, a medical examination will allow you to have your injuries documented – evidence which can be used to support your claim for an accident in a nightclub.
Another prudent step at the time would have been to collect the names and details of any witnesses who saw what happened – if you did not, it is not too late to do so. As you were with a birthday party, it is likely that some of your friends were present when you sustained your injuries. Although it may have been difficult to take photos of the scene at the time of the accident given the circumstances in which it happened, photographs of the injury should be taken to accompany the medical report and witness statements.
It is difficult to provide an analysis tailored specifically to your circumstances without knowing more about them. In order to have the best possible chance of succeeding with your claim for an accident in a nightclub, speak with a solicitor who specialises in personal injury claims at the first possible opportunity.