Pub Accident Claims

What is a pub accident claim?

A pub accident claim is a claim for compensation made against the owners or occupiers of a pub or bar. To make a pub accident claim you have to prove that the managers of the pub or bar acted negligently in some way.

If this negligence caused your injury then you can claim for the physical pain and distress caused. You can also claim for the psychological impact and any financial cost.

Our legal team will help to prove that your injury was caused by negligence. If you’ve been injured in a pub accident, contact our expert personal injury solicitors to discuss your case.

When can I make a pub or bar accident claim?

You might be able to make a pub or bar accident claim if the accident happened because the managers were negligent in some way. This is known as a public liability claim.

To make a public liability claim of this kind you have to show that your injuries were the fault of whoever was in control of the pub or bar. The law covering pub accident claims is the Occupiers’ Liability Act 1957 (OLA).

The OLA states that the party controlling a public space owes a duty of care to anyone visiting. If they fail to keep visitors reasonably safe then they have breached that duty of care.

You can make a pub accident compensation claim if:

• You were owed a duty of care.
• The pub managers failed in that duty of care.
• You were injured as a result.

What kind of negligence could lead to a pub or bar accident compensation claim?

The following are all examples of the kind of negligence which could lead to a pub or bar accident compensation claim:

• Allowing the premises to become overcrowded.
• Not training members of staff properly.
• Not employing enough members of staff to work safely.
• Failing to clear spillages or repair hazardous defects in a reasonable time-frame.
• Failing to employ sufficient security staff.
• Failing to provide sufficient warning to customers of risks such as spillages.

Proving negligence in a pub accident compensation claim can be difficult as alcohol will often be involved. Our expert personal injury solicitors will guide you through the process of gathering the evidence needed.

In most cases you will have to start a pub or bar accident compensation claim within three years of the accident happening.

How much compensation could I get for a pub accident claim?

The amount of compensation you could get for a pub or bar accident claim will vary depending on the severity and impact of your injuries. Payments range from a couple of thousand pounds for minor injuries up to hundreds of thousands for those which are life-changing.

The factors used to set the level of compensation include the following:

• Where you are injured and how severely.
• The pain and distress caused by your injuries.
• The psychological impact of your injuries, such as anxiety or post-traumatic stress disorder (PTSD).
• Any treatment needed for your injury.
• Whether you’re expected to recover and how long it could take.
• The degree to which your injury stops you from doing things like enjoying hobbies and a social life.
• Any financial impact the injury has on you.

The total amount of compensation for a pub accident claim will be made up of general damages and special damages.

What are general damages in a pub accident compensation claim?

General damages in a pub accident compensation claim are the part of the compensation intended to reflect the nature, severity and impact of your injury. The amount will be determined with the help of the Judicial College Guidelines (JCG).

The JCG is a specialist legal publication setting out a range of suggested payments for different types of injury. Examples from the JCG which could apply to a pub accident compensation claim include the following:

Minor permanent damage to vision in one or both eyes – £7,780 to £17,900
Loss or damage to two front teeth – £3,710 to £6,510
Serious jaw fracture – £15,320 to £26,010
Serious fractures of one or both forearms – £47,810 to £73,050

Once our personal injury solicitors have a complete grasp of your injuries we will be able to provide an estimate of the general damages we think you could be entitled to.

What are special damages in a pub accident compensation claim?

Special damages in a pub accident compensation claim are paid to compensate for the financial impact of your injury.

Special damages should be sufficient to put you in the same financial position as if the pub accident had never happened. They will include amounts to cover the following:

• Any earnings or pension you lose as a result of your injury.
• Any money you have to spend on treatment or medication, now and in the future.
• The costs of any care provision needed because of your injuries.
• An amount to compensate for any time spent caring for you by friends and/or family.
• The cost of any adjustments you have to make to your home, post-injury.
• The cost of any specialised equipment needed as a result of your injury.
• The cost of any therapy or counselling needed due to the psychological impact of your injury.

Can I make a no win no fee pub accident compensation claim?

Yes, if you make a pub accident compensation claim with Beacon Law we will work on a no win no fee basis. This means that you pay nothing up-front when we take on your claim.

You also pay nothing as we gather evidence and negotiate with the other party. If you are awarded compensation you will have to pay a success fee to the Beacon Law personal injury solicitors.

The success fee will never be more than 25% of the money awarded. You will only have to pay it once you actually have the money.

How long do I have to make a pub or bar accident compensation claim?

In the majority of cases you have three years following a pub or bar accident in which you can make a compensation claim. The Limitation Act 1980 states that you can’t start a claim for compensation after this time.

Are there any exceptions to the three year time limit?

Yes, there are a few exceptions to this time limit:

• If you lack the mental capacity to start a claim, the three years will run from the date on which you regain capacity. If you don’t regain capacity then a trusted family member can claim on your behalf.
• If you were under eighteen at the time of the accident, the three years will run from your 18th birthday. As an alternative, a parent or guardian could start a claim for you before your 18th birthday.
• If the compensation claim is made by the estate of someone sadly killed in a pub accident then the three years will run from the date of death.

Although the three year limit is in place, the personal injury solicitors at Beacon Law recommend starting your pub accident compensation claim as soon as possible. The circumstances of the accident will still be fresh in your mind, and it will be easier to gather evidence.

What evidence do I need for a pub or bar accident compensation claim?

You can prove negligence in your pub or bar accident compensation claim by collecting as much evidence as possible. The specialist solicitors at Beacon Law will help with this process, building on any evidence you can bring to us.

We’ll arrange a medical evaluation with an independent expert. They will produce a report setting out the extent of your injuries and the prognosis for future treatment and any recovery.

We’ll take a detailed statement describing the accident itself, your injuries, and the impact they have had on your life.

Other evidence to prove negligence will include:

• Photographic evidence of your injuries.
• Photographs or videos of the scene of the accident. These should include issues which contributed to the accident, such as spills, loose flooring or defective equipment.
• Statements from any eye-witnesses able to back-up your account of the accident.
• Your medical records, particularly those relating to your injuries and the treatment needed.
• A copy of any entry made in the accident book of the pub or bar.
• Reports from police or paramedics called to the scene of the accident.
• Any available CCTV footage of the accident.
• Any maintenance, staffing or food hygiene paperwork which could show the pub or bar management acted negligently.

We will also help you to collect evidence of the financial impact of your injuries. This could include paperwork such as bank statements, wage slips, medical bills and receipts for direct expenses.

What types of pub accidents can I claim compensation for?

You can claim compensation for any type of accident in a pub or bar if it happens because the managers acted negligently. Some accidents in pubs or bars are unavoidable, but the managers have a duty of care to keep visitors and members of staff safe on their premises.

To meet this duty of care the managers of a pub or bar have to take reasonable steps to minimise the risk of visitors suffering an injury.

Can I claim compensation for a slip, trip or fall in a pub?

Yes, you may be able to claim compensation for a slip, trip or fall in a pub if it was caused by negligence. Common examples include slipping on wet floors or tripping over poorly lit steps.

Can I claim compensation for assault in a pub?

Yes, you may be able to claim compensation for assault in a pub or bar, though the claim may be made through the Criminal Injuries Compensation Authority (CICA).

You can make an assault claim of this kind if you’re assaulted by another customer or a member of staff. Members of staff in a pub might also be able to claim against their employers if they are assaulted by a customer.

I was injured as a member of staff, can I still make a pub accident compensation claim?

Yes, you might still be able to make a pub accident compensation claim if you are injured while working in a pub or bar. Your employer has a duty of care toward you.

This duty of care is set out in the Health and Safety at Work etc. Act 1974. This states that employers must take all reasonable steps to stop their employees coming to harm in the workplace.

These steps could include providing adequate training and ensuring all equipment is safe to use. If you are injured in a pub or bar because your employer fails in this duty of care, you may be able to make an accident at work claim.

Can I still make a pub accident compensation claim if I was partially at fault for the accident?

Yes, you might still be able to make a pub accident compensation claim if you were partially to blame for your injury. The legal term for this is ‘contributory negligence’. This means that if you were 20% to blame for your injury, for example, the compensation you receive will be reduced by 20%.

Can I claim compensation for food poisoning in a pub?

Yes, you may be able to claim compensation for food poisoning in a pub if you’re made ill by food which is undercooked or badly prepared.

Can I claim compensation for an injury caused by defective furniture in a pub?

You may be able to claim compensation for an injury caused by defective furniture in a pub, such as a broken table or chair, or damaged flooring. To prove negligence you’ll need to show that the managers should have been aware of the defect and repaired it.

If you’ve been injured by an accident in a pub which isn’t mentioned above then contact our personal injury solicitors today. If we think you have strong grounds to claim compensation we’ll get working on your behalf.

What is the process for making a pub accident compensation claim?

We make the process of claiming compensation for a pub or bar accident as stress free as possible. We do this by breaking it down into individual steps:

• An initial no obligation consultation at which we’ll listen to the details of your case and explain if you have the grounds to claim compensation.
• If you have a strong claim, we’ll pull together the evidence needed to show that your pub accident was caused by negligence.
• We’ll contact the other party to tell them you intend to seek compensation.
• If they admit liability we will negotiate for 100% of the compensation we think you’re entitled to.
• If they deny liability or won’t make a fair compensation offer your case might have to be settled in court. This only happens rarely, but if it does we’ll represent you throughout.

How long will a pub accident compensation claim take?

The time it will take to process your pub or bar accident compensation claim will vary. A simple claim with minor injuries and clear negligence could be settled in around 12 months.

More complex claims might take two years or longer. Factors which could cause a compensation claim to take longer include:

• Serious injuries which require multiple evaluations to establish long term medical requirements.
• The other party refused to admit liability, meaning the claim might have to be settled in court.

In some complex cases liability is admitted, but agreeing on the compensation takes two to three years. If this happens we will apply for interim payments to help with on-going costs such as lost earnings and medical bills.

Any interim payments made will then be deducted from the final compensation amount.

What should I do if I’m injured in a pub or bar accident?

Immediately after being injured in a pub or bar accident you should report the accident to the manager and record the details in the pubs’ accident book. You should also seek medical attention.

Prompt medical attention will create an official record of your injury and increase the chances of a recovery.

If possible, you should collect photographic or video evidence of the scene of the pub accident and any contributory factors. You should also take the contact details of anyone that witnessed your accident.

You should take photographs of your injuries in the aftermath of the accident.

If you think your pub accident could have been caused by negligence, contact the specialist personal injury solicitors at Beacon Law. After a free initial consultation we’ll advise on the next steps.

Why should I choose Beacon Law for my pub accident compensation claim?

You should choose Beacon Law for your pub accident compensation claim because we specialise in personal injury claims of every type. Whether your pub claim involves an accident at work or in a public place, we’ll know how to prove negligence.

We settle the majority of claims without having to go to court. When we handle your pub accident claim we’ll be calling on more than 200 years’ worth of combined legal expertise.

We understand how stressful it can be to suffer an injury through negligence. As well as fighting for your compensation we’ll help you to access the treatment and support you need at a difficult time.

We’ll handle your pub accident claim on a no win no fee basis. This means you can seek compensation without worrying about costs or legal fees.

You won’t pay us anything unless you win compensation. There’s zero risk of being left out of pocket when you make a genuine pub accident claim with Beacon Law.

If you’ve been injured in a pub or bar accident that wasn’t your fault, then contact us today. If you’re entitled to compensation we’ll work with you to build the strongest possible claim.