Accident in a Public Place*

Cinema Accident Claims*

Cinema accidents* can occur due to a number of different reasons – the fact that cinema goers must navigate people to find their own seat in low light conditions just adds to the risk of accidents.

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Slips, Trips and Falls

The types of accidents and injuries caused by cinema accidents vary and can happen to all cinema users, including both staff and customers. The most common claim for an accident in a cinema are slip, trip and fall claims* from slipping on a wet floor that had just been mopped or from a spill that was not cleaned up in an appropriate time frame, for example.

Who is Liable?

If you wish to make a personal injuries claim for a cinema accident you must first prove liability. If you have contributed to your accident in any way, you may not be eligible to make a claim. In most cases, the cinema operator may be held liable if they have failed to provide a reasonable duty of care and have acted in a negligent manner. The operator should carry out frequent risk assessments and eliminate any potential hazards that may cause an accident or injury. They also have a duty to provide relevant and sufficient training to staff members as this will help to reduce risks.

Common Injuries

Injuries sustained in cinema accident claims include:

Causes

Accidents in a cinema* are usually caused by human error or failure on the cinema’s part to provide a hazard free environment where possible. The most common causes of accidents are:

Slipping on a Wet Floor

In cases where the staff of a cinema have failed to clean up a spillage in an appropriate time frame or failed to clean it up at all, a person could slip and injure themselves. Also, in cases where a staff member is cleaning up or has just cleaned up a spillage and has not displayed a wet floor sign a person may slip and fall causing themselves injury.

Obstructions Left on the Floor

Where staff have left items on the floor people may trip and fall. In cases where items are left on the floor by other cinema goers and staff have failed to pick them up, accidents may happen.

Damaged Seating

Where a cinema is not kept the highest standard of cleanliness, seats may become torn or faulty. In these cases, a person can injure themselves off the seat. The cinema may be held liable for the accident in these cases.

Inadequate Lighting

While a cinema is dark for the duration of the movie, illuminated aisles and walkways should be present to help a person see where they are going. In cases where there are no visual aids (illuminated walkways), the risk of accident increases and the cinema may be held liable for the accident.


What do I do if I'm involved in a cinema accident*?

Following an accident in a cinema, there are a number of steps your should follow:

  1. Seek medical attention

    Your health is your wealth and should be your first priority. Immediately after an accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident needs medical attention. If anybody has sustained a serious injury, ensure that you contact an ambulance to attend the scene.

    You must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

  2. Report the accident

    It is important that you report the accident to management. You may be required to assist to fill in an accident form. This is to provide them details of how the accident occurred and details of the injury. You should also request that they preserve any CCTV footage.

  3. Identify any witnesses

    Collect contact details of any witnessess to the accident – their names and contact information.

  4. Document the incident

    It is important that you collect all the relevant information in connection with your accident:

    • How the accident happened, time and date of the accident.
    • Details of any witnesses to the accident (Including staff and other customers); their names, contact information.
    • If there are any CCTV recordings of the accident.
    • Take pictures from different angles of where the accident happened and what caused you to slip, trip or fall.
    • Take pictures of any injuries you suffered, this will help your solicitor to understand how the accident happened.
  5. Speak to a personal injury solicitor*

    If you are considering moving forward with a claim* for any personal injuries sustained, it is advisable that you speak with a public place accident claims solicitor* as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A solicitor* can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.

    It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.

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Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

Once you have gathered most of the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist public place accident* solicitor to help you with this.

  1. Prepare information for a solicitor

    When you decide you want to move forward with your claim* it is important to have as much as possible of the relevant information to hand when contacting a solicitor. Some of the important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • Is there CCTV that may have captured the accident
    • Details of your injuries
    • Details of hospital or GP attended
    • Any pictures you may have taken of the scene of the accident and/or your injuries
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the claims process they can avoid any legal bumps in the road you might encounter if you looked after this matter yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    One of the most important document in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your accident claim* will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the other party accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the other party reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point prior to a court hearing date without you ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and this allows you to focus on your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.

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Case Settlement

If you are to proceed with a cinema accident claim* you may be entitled to recoup costs to you as a result of the accident. This is along with added expenses you may have incurred, these claims are called damages:

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of an accident* in a cinema, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

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