I am interested in pursuing a claim for falling over in the dark in a cinema. Last week I was injured after falling down a set of stairs in the aisle in my local cinema. Although it was dark at the time I still feel that I am entitled to be compensated for my injuries. Am I eligible to claim compensation?
Whether or not you are eligible to claim for falling over in the dark in a cinema depends on whether the accident was the fault of someone else or was brought about by your own carelessness. In order to be eligible to pursue a claim for compensation you must be able to prove that the negligence of the cinema’s management or another cinemagoer was the reason – or at least partly the reason – for your fall.
Although the cinema was dark at the time of your fall, the management still had a duty of care to protect its visitors and can be held responsible if they are found to have failed in their responsibility. Illuminated aisles and the presence of ushers are normally enough to keep cinemagoers safe, however if these measures failed – or if the cinema failed to take any at all – you could be entitled to claim compensation.
After sustaining an injury you should have visited the nearest hospital’s Accident and Emergency department. If you did not, and simply received first aid at the scene, or stayed to watch the rest of the film before receiving medical attention, your claim for compensation could be hindered. For a claim to be successful you will need to produce a full medical report on your injury, which will be provided to you at the hospital. If you have not visited the hospital already, you should do so immediately or make an appointment to see your GP.
Collecting statements from witnesses who were present at the time of your accident would also have been prudent – although as it was dark, it is understandable if nobody got a clear view. If you have not collected statements already, you should do so immediately from any friends who you were with at the time. If the cinema had an Accident Report Book – which it may have been obligated to keep for insurance reasons – you should have submitted an entry; it may still be possible to do so.
In order for your claim to have the best chance of success it should be executed with the help of an experienced injury claims solicitor. Claiming for falling over in the dark in a cinema can be complicated and enlisting the help of a solicitor will help to ensure that the process is as clear and manageable as possible.