Nightclubs, Pubs and Bars

by Dean Talbot

Accident claims that result from incidents which occur in clubs, pubs and bars are more difficult but that is not to say that Claimants are not entitled to compensation.

One inherent difficulty with these claims is that the Claimant has often consumed alcohol. Whilst there is nothing wrong with this in itself, the insurer will inevitably argue that the Claimant did not fall due to any fault of the Defendant, but instead because they were intoxicated. Similarly it is common for the Defendant to argue that it was the Claimant themselves that spilt the liquid.

Even if it is established that the liquid was spilt by someone other than the Claimant, unless we can prove that the liquid has been there for a reasonable length of time without anyone having attempted to clear it up, it will be difficult to establish liablity.

These claims can be successful, but a successful claim requires witnesses, and therefore if you have an accident claim resulting from this type of situation it is imperative that you speak to whoever you were with when the accident occurred and establish firstly whether they saw the accident occur, and secondly whether they saw the spillage before you slipped. Such witness evidence can make the difference between a successful and a failed claim.

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