I told the landlord of the pub that I would be making a claim for pub trip injury compensation for tripping on a worn carpet. He told me that I cannot claim if I had been drinking alcohol. Is this correct?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Inasmuch as there may be an element of contributory negligence in your claim for pub trip injury compensation if your vision was impaired and you tripped over what might reasonably been considered an avoidable hazard, it is more likely that your landlord is in breach of his duty of care by failing to make his premises as safe as possible for his customers.
Under the Occupiers´ Liability Act 1995, you landlord has a common duty of care to take such care as is reasonable to prevent the risk of injury. Even by having a worn carpet on the premises he is in breach of this legislation and consequently liable for your injuries. This would also imply that you would be eligible to make an injury compensation claim for tripping in the pub.
However, as the landlord has already indicated it is unlikely that he will give his consent for the Injuries Board to proceed with an assessment of your pub trip injury claim, it would be in your best interests to speak with a solicitor at the earliest possible opportunity. Should a solicitor agreed that you have a claim for pub trip injury compensation, he will advise you on the steps necessary to collect evidence of your landlord´s negligence in support of your claim for a pub trip injury.
This may include taking photographs of the worn carpet (which is why you should speak with a solicitor before the carpet is replaced) or collecting details of witnesses who can testify that the carpet was in a poor state of repair or who saw your accident; however, it is important that – if you have not done so already – you undergo a medical examination for your injuries at a hospital or by your family GP.
If there has been any delay between the date your injury was sustained and the date you sought professional medical attention, it could be alleged that your injury deteriorated because of your own lack of care; and how much compensation for tripping in the pub you receive could be reduced for a different kind of contributory negligence.