can my friend claim compensation?

Question

on friday night i met my friends in a busy town centre pub. next to the only table we could stand round they had a new punch bag game machine. (it wasnt in the weekend before)
the table was reallt too close to the machine but the pub was busy and there was nowhere else to stand. a group of lads started playing the game the second lad to have ago hit the punch bag really hard and hit my friend on the arm as he had used too much power and couldnt stop.
all of the people in our group saw it and we couldnt believe it when he wouldnt apologise to her.
yesturday i went to see my friend and to give her son his birthday present. she showed me her arm.
there is a big horrible purple bruise there on her arm where she was hit.

there was no signs up in the pub advising safety around or while using the machine. although we dont know the lad who hit her could we do the pub for health and safety or anything?

the pub was busy and there wasnt anyone like a bouncer or barstaff watch the machin

Answer 1

I am a retired Federal Investigator:

Quickly call all your friends who were there and have them immediately write a witness report of the events. Warn each of them not to chat with each other about the event. (we don't want the evidence (their reports) to be contaminated by each others opinions and input)

Tell each witness state the place, time, and circumstances of the event. Then have each witness sign and date the report (include time of day)

Of course, tell each witness to be bluntly honest, even if they think what that observed was not helpful to the injured person.

Now, go to the county courthouse and file these reports. It will cost about $2 for each report to me filed . The clerk will help you as to which log books to file them. (usually they are filed in the logbook called "affidavit to any fact".

Your copy of these reports are part of the fee.

Now, and only now, take these reports to the Police Station, any Police station. They will file these reports and time stamp your copies.

Now, and only now will you either takes these reports to an Attorney or simply send copies to the Headquarters of the Pub where the incident occured.

Very important: If you did not go to an attorney, tell the Pub owners in a cover letter how much compensation you will settle for out of court. (Be reasonable and then double your figure)

This will give the Club owner's attorney a little wiggle room.

e-mail me for any specific questions

PS: Photographs prove nothing in the case. Unless, you and your friend return to the Pub, she sits in the same chair, and you take a picture of her arm her chair, the table, and the punch bag machine (all in the same picture- showing the level of the injury and the distance from chair to punch bag.) even that picture is not evidence unless a few witnesses attest that the injury bruise was not there before the incident and that it was there at the time of the photo. (Actually even that is circumstancial, but most judges will let it in, because it can be cross examined) like I said before- you best evidence is the honesty of the witnesses who saw the crime take place.) - even if you don't return to the Pub, take a few shots of the injury. It is still a good scare tactic.

Answer 2

Wow the answer from some people shows who low some will go for a buck. It was obvious that the game was dangerous to sit by. A bruise is a bruise. IT WILL GO AWAY. The good thing to do is to speak with the PUB owner about the incident with the good intention of not wanting it to happen to someone else. Usually the Pub will give you a courtesy such a gift certificate or other item. However to receive something is not the intent and should not be-its so that people wont get hurt in the future and thus alert the pub owner to move the machine or get rid of it.

Answer 3

I am with those others who say that it is best forgotten. First, to gain any compensation, the pub would have to be clearly shown at fault. And, though unfortunate, it does make sense that anyone standing close to a punching bag is at least as responsible as the pub owner(s).
I am sorry about the bruise and hope it heals quickly.
If I frequented the pub I would prolly do them a favour by mentioning the occurrance, but that would be it. Sadly, we all have to live and learn. I am grateful that your friend was not more badly injured.
--That Cheeky Lad

Answer 4

Shodan is right. It's just an unfortunate incident, and the pub needs to be alerted of the dangers. Boys will be boys, especially when they have too much to drink. You cant get an apology out of them!

She needs to show the bruising to the Pub Manager with the intention of it not happening to anyone else. They should file the incident in an accident book. Alternatively, she could put a report to head office.

Answer 5

if you are a UK resident I wouldn't bother because she would get next to nothing for a bruise on her arm. compensation reflects damage and if she suffered no financial loss then the court would be unlikely to pay much. However it might be worth going to the pub and explaining what happened or even writing to the brewery because they might give her something as a good will gesture. They may also take action to prevent it happening again.

Answer 6

As reported, your first recourse is to the police. below English regulation, the wear and tear your describe could correspond with an attack occasioning unquestionably actual harm (s.40 seven Offences against the guy Act 1861), which contains a optimal reformatory term of 5 years. Sentencing policies propose between 12 and 36 weeks imprisonment for a pre-pondered (i.e. planned) attack that ends up in a minor, non-everlasting harm. That reported, they could receive a non-custodial sentence for a known-time criminal wherein no annoying constructive factors have been present. besides, cut loose its powers to punish, a criminal courtroom has the discretion to order for reimbursement to be paid to the sufferer. despite if or no longer this happens, a criminal conviction could immediately render the defendant responsible for attack in a civil courtroom. Damages (reimbursement) as a result could be payable without an costly/risky civil trial.

Answer 7

Back it up by going to your local council website: they have the information and contact points and power to investigate Health & Safety issues. Provided you have witnesses to the injury (which I am sure you have) they can take action and you may be able to claim off the Pub's Public Liability Insurance

Answer 8

Compensation for what ? a bruise on her arm ? For gods sake take a reality check lady !! Your friend will be wanting compensation for rough loo roll in a toilet next !!!

It was an accident, sh*t happens ! Deal with it, grow up and stop being one of these money grabbing leeches that is turning the UK into America.

if your friend had broken her arm etc then fine, pursue it but a bruise !! Oh come on !!!

Answer 9

Whats a matter with ppl these days?
ffs its obvious what the games machine was for,so why stand near it.

Looks like everybodys after makeing some money these days.
H&S they interfear next thing you know they will betelling what paper you need to wipe your ****

Answer 10

sue the pub company, personal injury. it wasnt assault id guess but it is the companys job to ensure the safety of its customers.

speak with a no win no fee solicitor thingy from the tv. there are plenty.