Our client Sophie came to see us for advice after a night out had gone badly wrong.
She went to a club in Blackpool and was dancing on the dance floor with some friends. She stepped onto a piece of glass that went through her shoe and into her foot causing a nasty injury.
We took Sophie’s claim to the clubs insurers. The defendants denied liability saying that they weren’t to blame for the accident because they had a system of inspection to regularly check for glassware broken on the floor and other hazards. Could they really be expected to be checking the dancefloor every single minute at their busiest times? Surely they were not to blame for the accident?
We were doubtful about this response. After all, we had statements from Sophie and 10 of her friends (popular lady!) all willing to go to court if necessary and all speak to the poor state of the club, the mess and disorganisation. The defendant said they wouldn’t pay her any compensation but we were willing to take the claim further.
We instructed an expert to visit the club and observe their general cleaning practices and organisation. This was an important piece of independent evidence because during the expert’s visit again there were bottles left on the floor, spillages and items dropped and broken that stayed there too long. Six months after Sophie’s accident it was clear that the club had not improved and were again not following their own cleaning policy.
Once we sent over all our evidence the club changed their tune and were willing to discuss settlement. Although they never formally accepted responsibility they put forward various offers and £4,250 was agreed. Sophie was pleased with the compensation and hopes to have no further misfortune on her nights out.
If you have had an accident that wasn’t your fault we will be happy to speak to you on 0800 9540243 or via email info@irvingslaw.com
Author: Heather Green
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