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Customer compensated following accident in night club

Jonathan Herbert, specialist personal injury lawyer, successfully obtained undisclosed damages to compensate a lady in her mid 20s for foot injuries suffered when falling after a New Year’s Eve party.

The customer had left the night club building by a correct exit and was walking towards the nearest road when she fell onto an unprotected ledge.  She sustained injury to her left foot including an un-displaced non-united fracture of the 4th metatarsal and continued to walk with a limp for some considerable time afterwards.

A number of allegations were made on her behalf that the premises were not reasonably safe to include insufficient lighting and an absence of barriers.  The night club owners asserted initially that that the premises were lit suitably and that the customer was wearing stiletto heels and was extremely drunk.  These assertions were untrue and denied.  She had been wearing trainers and had consumed only a modest level of alcohol.  Court proceedings were issued.  The night club owners did not then allege formally that the customer was extremely drunk, just intoxicated, but they went on to seek to rely on a social media entry which they contended revealed that the customer was not as injured as she claimed.

Evidence to refute all the allegations made by the night club owners was obtained not least to prove that the single social media post had been taken completely out of context.  Eventually, they agreed to settle the claim for £45,000.

Jonathan Herbert specialises in claims involving injuries sustained in public places.  If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.

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