I slipped on a wet floor in a pub toilet and want to claim pub slip injury compensation for a severely sprained ankle. What can I claim as special damages?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Claims for pub slip injury compensation can be complicated by any potential contributory negligence of the accident victim. While you are perfectly within your rights to claim compensation for a pub slip and fall in which you sustained an injury if the accident was not your fault and the pub owner or landlord had been negligent, the insurance company of the pub may maintain that you were partially or even entirely responsible for the slip and fall if you had been drinking alcoholic drinks prior to the accident.
This does not mean that your claim will be contested by the insurance company, only that before making a claim for pub slip injury compensation through the Injuries Board you should discuss your pub slip injury compensation claim with a personal injury solicitor. A solicitor will assess the circumstances under which you slipped and fell, and will advise you if you are entitled to make a claim for compensation.
Once eligibility to claim compensation for a slip in a pub has been confirmed, a solicitor will also be able to assess your claim for special damages. It is important that every expense and cost is included on your claim, provided it has resulted directly from the accident or your injuries; however you must be able to justify any expense and be able to substantiate every cost which is detailed on your claim form with receipts and invoices.
The purpose of a claim for special damages for compensation for a slip in a pub is to recover any expense or costs which have been necessitated by the accident and/or the injury sustained. After your claim has been settled you should be in no worse position financially than if the accident had not occurred. Typical expenses in a claim for special damages include loss of earnings and lost overtime, medical expenses and alternative transport arrangements. Depending on the nature of your injuries and accident, other costs and expenses may have been accrued. If you have damaged clothing or items such as a mobile phone when you fell, these could potentially be added to your claim for special damages. It is often possible to also recover legal expenses if you use a solicitor to pursue your claim for a slip in a pub.
However, since there are strict penalties for attempting to make a claim for compensation for a slip in a pub for any expenses which are not legitimate, you should speak with a personal injury solicitor before submitting your application for assessment to the Injuries Board to ensure your special damages expenses can be justified.