Cinema Accident Claim *
Cinema accidents * can occur due to a number of different reasons, the fact that cinema goers must navigate people and seats to find their own seat in low light conditions just adds to the risk of accidents. 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 timeframe, for example.
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 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 and Accidents *
- Head and Brain Injuries
- Cuts and lacerations
- Burns and scalds
- Hearing loss
- Sprains and Strains
- Fractures and broken bones
- Neck and back injuries
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 isles 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.
Making a Claim
1. Report the Accident
It is very important that you report your accident and injuries * to the owner of the cinema. You need to ensure that you tell them the cause of the accident also. The owner will need to keep a record of this in the accident report book. It is very important that you either get your own copy of this report or some form of written communication which says that you have reported the accident to them. This will be needed later on in the claims process. At this stage, be sure to record the time and date of the accident.
2. Speak to a Solicitor
It is advised that you contact a personal injury solicitor * as they will provide you with all the necessary information needed to begin the claims process. You will need to tell them all the relevant details relating to your claim as they will be able to advise you on your claim before you submit it through the Injuries Board.
3. Medical Records
Many people consider this to be the most important step. In order to prove your injuries, you will need to get all of your medical records from the practitioner who saw you after the accident. This is to ensure that your injuries were caused by the accident and not from any previous accidents or pre-existing conditions you may have. In some cases, it may be requested that you receive a further medical examination. This will be carried out by an independent medical practitioner who is an expert in the field and they will be chosen by your solicitor.
Claim Time Limits
The general timeframe to make a claim is two years from the date of knowledge of your injury. The date of knowledge of your injury in some cases will be the day of the accident, but in cases where an injury does not show symptoms for some time after the accident the date of knowledge is considered to be the day you realised you were injured and your 2-year countdown begins at that date.
Children under 18 are an exception to this rule. A child cannot submit a claim themselves and must wait until their 18th birthday, from which they will also have two years to make a claim. However, a parent/guardian can submit a claim on behalf of the child before their child reaches 18.
If you do decide that you want to bring a claim to the Injuries Board you may be entitled to a legal remedy along with any additional expenses known as damages;
- General Damages: Non-financial damages for pain and suffering and/or physical and emotional damage as a result of the injury.
- Special Damages: Out of pocket expenses incurred as a result of any injuries. This may include loss of earnings, medical bills and any added travel costs as a result of the effects of the injury, such as travel to and from the hospital.
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