Pub Fall Injury Compensation
- My friend fell over a rucked up carpet on the way back from the bar in the pub and badly injured his arm against a table. The landlord he says he should have looked where he was going, but I think he should be entitled to pub fall injury compensation. Who is right?
My friend fell over a rucked up carpet on the way back from the bar in the pub and badly injured his arm against a table. The landlord he says he should have looked where he was going, but I think he should be entitled to pub fall injury compensation. Who is right?
This potential pub fall injury compensation claim is not as straightforward as it may at first appear. Inasmuch as the landlord or pub owner has a duty of care to provide a safe environment for his customers to drink in, he (or his staff) cannot have eyes in the back of his head to ensure that every possible hazard is removed the second that it appears. By all means, had the carpet been badly worn or in a poor condition, the pub owner might be considered to be negligent in his care of his premises which subsequently produced the hazard through which your friend acquired their injury – and therefore the liable party in a pub fall injury compensation claim.
However, if the hazard has recently appeared, and the pub owner has not had a “reasonable” amount of time to deal with it, a pub fall injury compensation claim might not necessarily be successful. The best way to ascertain whether or not the pub owner failed in his duty of care is to speak with eye-witnesses to see if they have seen the carpet in this condition before and, if so, take a picture of the hazard to support your friend´s claim for pub fall injury compensation.
The landlord´s argument that your friend should have looked where he was going is plausible in some personal injury claims, but not in this instance. Although it could be argued that your friend “with reasonable diligence” could have avoided the hazard, as he was probably focusing on not spilling any drink (and thereby creating a hazard for other pub users) and could not “reasonably” be expected to watch every footstep for potential hazards.
This does necessarily mean that the pub owner automatically becomes the liable party in a pub fall injury compensation claim because of the other factors mentioned above. There are plenty more arguments both for and against liability and it is in your friend´s best interest to discuss his claim for pub fall injury compensation directly with a solicitor at the earliest possible opportunity.