How to claim compensation if you are bar staff and are injured at work in a night club and customers are also injured in the bar.
Nightclub Work Accident Question
I work as a waitress in an up market bar come night club. Some customers had purchased a very expensive bottle of Champagne. When I attempted to open the Champagne the bottle itself cracked shattering glass on to the customers and myself causing us all injury.
Can I make a claim for compensation for my injuries, if so who from and am I at risk of the customers making a claim for compensation against me?
Specialist Work Injury Solicitor Response
From the description of your accident it seems either that the bottle of Champagne itself was defectively manufactured or alternatively the bottle had been weakened from its storage and control by your employer. In any event as you are an employee the law is quite straight forward as to whom you can make a claim from.
An employer owes a duty of care to you as an employee to keep you safe in the work place, which extends to ensuring that bottles of champagne do not explode in the manner you have described.
Consequently you would have a claim against your employer for your injuries.
The customers who are injured would also have a claim against your employer, this is despite the fact that so far as they are concerned it was you who was negligent.
There is a legal maxim in law known as “vicarious liability”, which in essence means that an employer is responsible for the negligence of its servants. In simple terms – an employer is responsible for mistakes made by its employees whilst at work.
It should also be noted that your employer may in turn have a claim against the manufacturer of the champagne bottle.
So far as your claim is concerned and those of the injured customers – it is always proper to proceed against your employer for compensation.