- Am I entitled to make a pub trip injury compensation claim if I fell over the steps coming out of the pub?
Am I entitled to make a pub trip injury compensation claim if I fell over the steps coming out of the pub?
There are three main considerations as to whether you are entitled to make a pub trip injury compensation claim in these circumstances – injury, negligence and contributory negligence.
In order to claim any form of personal injury compensation, you must have sustained a personal injury. That injury must be examined at the earliest possible opportunity by a medical practitioner to confirm that an injury has occurred. The injury will be recorded in your medical notes, which will be used to support a pub trip injury compensation claim.
The second element – negligence – is much harder to determine. If you have tripped over a faulty paving slab, broken step or hazard that was left in your way, then there is quite possibly negligence on behalf of the pub owner for not providing you with a safe environment in which to enjoy a drink. Without any element of negligence there can be no pub trip injury compensation claim.
Claims of contributory negligence can arise if you had been drinking excessively and were already unsteady on your feet, or if the hazard which caused you to trip could have been avoided with “reasonable care”. Contributory negligence means that you contributed to your injuries by your own lack of care, and although this counter-claim – if successfully argued – may not disqualify you from making a pub trip injury compensation claim, how much compensation you receive could be affected.
Many pub owners and chains will aim to settle a claim for pub trip injury compensation made against them quickly and quietly for fear of damaging trade should the news of an injury become general knowledge or reported in the local newspapers. However, you should be cautious of accepting an offer of early settlement from the pub owner´s public liability insurance company, as the insurance company is often working in their own interests or those of their client, rather than that of the injured customer.
It is always in your best interests to speak with a solicitor after any such injury has occurred to establish your entitlement to pub trip injury compensation and to ensure that you receive a full and adequate pub trip injury compensation settlement.