A night at the theatre should be a magical special occasion. But if you or a loved one suffered an accident in a public place like this, the magic can abruptly stop. This article will explain your options for seeking compensation in a theatre accident claim if you feel your health and safety were not properly protected.
We’ll begin the guide by exploring what a theatre accident personal injury claim is and how those in charge of places open to the general public owe them a duty of care. After this, we provide some general scenarios of theatre accidents caused by poor health and safety standards.
We explain the eligibility criteria for making a claim and then discuss how compensation may be awarded if it is successful.
The final sections of this theatre accident claims guide focus on the advantages of legal help with your case. One of the personal injury solicitors from our panel could offer their services through a type of No Win No Fee contract to help with your case (if you meet the eligibility).
Please carry on reading for further information about making a theatre injury claim. If you would like to discuss your potential case or have queries about the claims process in general, please:
- Call 020 8050 2736 for answers to any questions.
- Fill out our claim online form.
- Use our live support discussion window for an immediate response.
Jump To A Section
- What Is A Theatre Accident Claim?
- How Could Theatre Negligence Occur?
- How Do I Make A Theatre Accident Claim?
- What Public Liability Compensation Could I Receive?
- Can I Make A No Win No Fee Theatre Accident Claim?
- Read More About Claiming Public Liability Compensation
What Is A Theatre Accident Claim?
A theatre accident claim is a public liability action based on personal injury that was caused by those in charge of the theatre. Any organisation or person in charge of areas open to the general public (known as the occupier) owe a duty of care to them. This is detailed in legislation called the Occupiers’ Liability Act 1957 and it states that occupiers must implement the necessary measures to ensure the reasonable safety of the visiting public while they are in that space for its intended purpose.
For a compensation claim for personal injury to be considered eligible, three criteria need to be met. Together, these define negligence:
- You can prove a duty of care applied at the moment of injury.
- You can prove that the occupier, such as theatre management, failed to adequately meet this duty of care.
- This directly caused or added to your suffering harm in some way.
If you can meet all three points, you could start a compensation claim for personal injury against the theatre.
How Could Theatre Negligence Occur?
Theatres need to be quite dark places when the performance is taking place and this creates an element of natural risk. However, during intermissions, the stalls, staircases and wings should be well-lit and allow people to leave their seats safely. With this in mind, some possible theatre accident scenarios might be as follows:
- Theatre staff failed to light areas properly and an audience member fell in the dark, suffering a sprained ankle.
- The staff failed to properly control large audiences and a visitor was crushed in the crowd.
- A wet floor surface in the main entrance was left unattended and without ‘cleaning in progress’ signs. This caused a visitor to slip and shatter their kneecap.
- A low ceiling beam lacked a warning sign and a member of the public struck their head on this hazard.
- The restaurant area of the theatre failed to put a warning sign in place for a hot surface. A customer leaned on the surface and burned their arm as a result.
- Poorly constructed scenery in a production collapsed on the audience during the performance causing cuts and head injuries.
Can I Claim For An Accident At Work As A Theatre Worker?
Theatre management also owe a duty of care to their staff. The Health and Safety at Work etc Act 1974 (HASAWA) requires all UK employers to take practicable and reasonable steps to prevent employees from experiencing harm whilst doing their jobs. Should the employer fail to adhere to health and safety legislation and an employee sustains an injury, the staff member could have a valid theatre accident claim.
This duty of care can entail numerous actions such as carrying out regular assessments of risk in the theatre and addressing any concerns. Also, they should ensure health and safety information is displayed and accessible to all.
Providing staff with essential personal protective equipment (PPE) is another proactive way to ensure they are safe while carrying out jobs like putting large sets together. In addition to this, the correct manual handling techniques for lifting and bending when moving props and sound equipment should be made clear.
Connect with our advisors for more information about a potential claim against a negligent theatre employer. You can call, email or ask the live discussion window a question for an immediate answer.
How Do I Make A Theatre Accident Claim?
A theatre accident claim for compensation relies on evidence to prove liability for your injuries. The following are examples of what could be useful:
- Medical records that detail injuries caused by the accident.
- Photos or mobile phone footage of the incident.
- A copy of any in-house CCTV that the theatre or property owner has showing the incident.
- The contact information of others who saw the accident. These witnesses can be approached for a statement that supports your claim at a later date.
- Any reports from psychiatrists confirming a mental health issue caused by the public place accident.
Another action you can take to strengthen and bolster your public liability claim is to appoint a solicitor. Simply find out if your claim qualifies by speaking to our advisory team. If it does and you wish to go ahead, they could connect you with an expert personal injury solicitor today.
What Public Liability Compensation Could I Receive?
Two categories of loss can make up a successful compensation amount. General damages reflect the person’s physical injuries, the pain and suffering the accident caused, and any psychological harm. Also, if the impact leads to a permanent disability, that would be compensated under general damages.
The parties who calculate an amount for general damages may use medical reports. In addition to this, a publication called the Judicial College Guidelines (JCG) is consulted. In this book, there are award guidelines listed for various types and severities of personal injury. They are only guidelines, but we’ve complied an excerpt for injuries you might encounter in a theatre below to illustrate:
Compensation Award Guidelines
| Injury Area | How Severe? | Award Guidelines | Definition |
|---|---|---|---|
| Cases of multiple and severe harm as well as special damages amounts | Severe | Up to £500,000 plus. | Awards of this size typically involve multiple severe injuries and special damages awards for medical costs, professional care and lost earnings |
| Brain and Head | (b) Moderately Severe | £267,340 to £344,150 | The injured person requires substantial reliance on others for basic needs due to issues like cognitive impairment and limb paralysis. |
| (d) Less Severe | £18,700 to £52,550 | Despite initial problems a good recovery and return to work/social activities is likely. | |
| Severe Leg | (iii) Serious | £47,840 to £66,920 | Comminuted fractures and compound breaks or joint and ligament damage that give rise to the need for prolonged treatment. |
| Back | (a) Severe (iii) | £47,320 to £85,100 | Disc lesions, fractures and damage to vertebral bodies or soft tissue damage that causes chronic conditions of severe pain and impaired agility. |
| Hand | (f) Severe Finger Fracture | Up to £44,840 | Injuries that might require partial amputation and result in deformity and impaired grip. |
| Pelvis/Hips | (b) Moderate (i) | £32,450 to £47,810 | Significant pelvic damage but risk of long-term disability is not great or considered to be so in the future. |
| Knee | (b) Moderate (i) | £18,110 to £31,960 | Torn cartilage and meniscus and dislocations that create instability, wasting and weakness. |
| Shoulder | (b) Serious | £15,580 to £23,430 | Dislocations and damage to brachial plexus nerves resulting in pain, sensory loss and weakened grip. |
| Wrist | (c) Less Severe | £15,370 to £29,900 | Less severe injuries that nonetheless, still result in a degree of stiffness and pain remaining in the joint. |
(Also, the first entry in this table does not come from the JCG).
You may also be awarded compensation for the financial damage caused to you. Special damages provide an opportunity to include monetary harm in the claim. You will need documented evidence of the financial loss to claim special damages such as:
- Any payslips from an employer that show a drop or loss in earnings caused by the injury.
- Bank statements showing proof of the cost of any domestic carers.
- Receipts for adaptations needed at home like a wheelchair ramp or other modifications.
- Tickets and receipts for travel fares to vital appointments. Proof of the costs for petrol and parking also.
- Medical bills and the cost of rehabilitation (like physiotherapy).
Take a moment to chat about your theatre accident claim with our team. They will answer any questions you may have about gathering evidence.
Can I Make A No Win No Fee Theatre Accident Claim?
The personal injury solicitors on our panel have a proven track record of confidently handling claims like this. They offer an array of excellent services, such as:
- Helping you to collect supporting evidence.
- Calculating the precise amount of damages owed to you.
- Negotiating for the best settlement on your behalf.
- Taking witness statements.
- Explaining any complicated legal terminology.
- Presenting your personal injury claim on time and in full.
They often use a variation of the No Win No Fee contract called a ‘Conditional Fee Agreement’. A Conditional Fee Agreement (CFA) removes many of the obstacles that might prevent a person from seeking legal representation. For example, working with a CFA there are no upfront solicitors fees to pay to commence work. Also, no fees are owed for solicitors’ services carried out moving forward.
No fees apply for completed services at all if the claim fails. Only a legally limited success fee is owed if the claim is successful. Because of the legislative cap on this percentage, the person who benefits the most from the compensation is always the claimant.
If this sounds of interest to you, call our team to learn more. They might be able to help you launch a theatre accident claim with more support and ease. Speak with the team to get your free consultation and if eligible, they could connect you to one of the public liability solicitors from our panel:
- Call 020 8050 2736 for answers to any questions about personal injury claims.
- To see if you are owed compensation, fill out our claim online form.
- Use our live support discussion window for an immediate response.
Read More About Claiming Public Liability Compensation
As well as information on theatre accident claims for compensation, these other resources from our website may help:
- This guide discusses cinema accident claims and how to start one.
- Read here if you fell down stairs in public and suffered injury.
- Also, we look at how a public liability solicitor could help you in more depth.
External help:
- This resource looks at theatre safety laws here.
- In addition to this, see whether you are eligible for Statutory Sick Pay in this government guide.
- Lastly, read about when to call 999 from the NHS.
We value your interest in our guide about how to make a theatre accident claim and how personal injury lawyers could help after an accident in a public place. We invite you to get in touch for any further help or information.
