Clubbing accident may lead to big money

Source: Dominik Mecko on Unsplash

Clubber sues for £100,000 over slippery dance floor

A CLUBBER is seeking £100,000 in compensation from the former owners of a popular Inverness nightspot after slipping and falling.

Angela Spalding has brought the civil action against the CFG Leisure Group, which used to own the Love2Love nightclub on Castle Street, claiming she fell and injured herself because the dance floor was slippery from spilt drink.

She argues the company failed in its statutory duty and was negligent.

However, the company refutes this, claiming the sum sued for is “excessive”.

Ms Spalding’s claim dates back to an incident in November 2007 when the 40-year-old was dancing with friends in Love2Love.

She says she was jostled by an unknown man, stepped back and ended up slipping. She claims she only fell because the dance floor was wet.

Although she did not have a drink on the dance floor, and despite signs saying it was forbidden to take drink onto it, she argues it was common practice for clubbers to have them.

Ms Spalding, of Walker Crescent, Culloden, suffered a fracture to her left wrist and had to undergo surgery. Despite physiotherapy and occupational therapy, she continued to suffer pain, requiring pain relief in the form of nerve blockers, and suffered depression and anxiety.

She used to work as a cook at the Clachnaharry Inn until giving up her job in 2004 to look after her autistic son, however, she had intended to go back to work.

“As a result of the accident, the pursuer is no longer able to manage domestic cookery, let alone work in a commercial kitchen,” court papers state. “She is unable to prepare a cooked main meal for one person. The pursuer has accordingly suffered a loss of employability and is at a permanent disadvantage in the labour market.”

The CFG Leisure Group is defending the action and argues she had a duty to take “reasonable care” of her own safety. “The pursuer caused or materially contributed to her injuries through her own fault and negligence,” the papers state of the defender’s position.

The London-based CFG Leisure Group, formerly known as The 3D Entertainment Group, entered voluntary liquidation on 1st October, 2009. However, it has yet to be wound up or dissolved, giving Ms Spalding leave to pursue an action.

Love2Love is now owned by the HLL Group.

Ms Spalding refused to comment ahead of the case, which calls in Inverness Sheriff Court on 6th June.

Source: Inverness Courier

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Story update:

Clubber wins £28,000 for dancefloor fall 

A WOMAN who broke her wrist when she fell on the dancefloor at a nightclub has won £28,000 compensation.

Angela Spalding, 40, fell to the ground after she was shoved and slipped on the wet floor. 

The former chef claimed she has been unable to work and has suffered depression, anxiety and panic attacks since the incident at the Love2Love nightclub in Inverness. 

Papers lodged at Inverness Sheriff Court claimed she was "no longer to manage domestic cooking let alone work in a commercial kitchen". 

Ms Spalding had lodged a 100,000 claim against CFG Leisure, which owned the club at the time of the accident in November 2007. 

The two parties were set to meet during a civil hearing, but have now settled out of court, despite the leisure group claiming Ms Spalding should have taken reasonable care to look where she was placing her feet. 

The injured woman's lawyer, Peter Brash, said she had never wanted to go to court but said the case was more "a matter of principle". 

He said Ms Spalding was glad the whole episode was over, adding: "She wanted an admission that she had been injured due to the fault of the nightclub in allowing the dancefloor to become wet and slippery. 

"As it is, she has accepted the first offer that was made to her to settle her claim." 

Mr Brash said 28,000 had been agreed with the insurers of the company that owned the club at the time.

 

However, it is unlikely Ms Spalding will be paid the full amount because the company has since gone into liquidation. 

There will also be a deduction to take account of state benefits to be repaid as Ms Spalding, who now cares for her autistic son, received a disability living allowance as a result of the accident. 

Mr Brash added: "In our experience, slips on wet floors in nightclubs are a fairly common type of accident, often leading to serious injury with long-lasting consequences. 

"It is easy to criticise people who fall over in nightclubs for having 'had a few', but the clubs have a responsibility to their customers, especially when the clubs depend on sales of alcohol for their livelihood. 

"In this case, for the purposes of the settlement, Ms Spalding has accepted that she was 25 per cent to blame for the accident." 

The club had been owned by 3D Entertainment Group, which changed its name to CFG Leisure in April 2009. Six months later it went into liquidation. No-one associated with the company was available for comment. 

Mr Brash said the firm's insurers will have to pay part of the settlement, with Ms Spalding having to recover the rest from the liquidators. 

The court papers stated she was "immediately in distress" after the fall. During the 30-minute wait for paramedics she was approached by staff asking her to sign a piece of paper which suggested she was pushed, and the fall was not caused by the wet floor. 

She signed because she was concerned she would not be allowed to leave without doing so. Her wrist was fixed by pins and she was in hospital for four days. 

Since then, the court papers state, the flexibility of her wrist was limited and her fingers were stiff, while she has suffered complex regional pain syndrome. 

It was claimed her condition was unlikely to improve. 

CFG Leisure had stated the claim was "excessive", adding: "She could and should have avoided standing or dancing so close to other persons so as to avoid the risk of being knocked by them."

Source: The Scotsman