I wish to claim theatre injury compensation; however I have been warned that contributory negligence could be a factor in my claim – what does this mean?
You may be entitled to seek theatre injury compensation if you have been the victim of the negligence of a third party who owed you a duty of care. However this duty is not absolute and it should be noted that if you are judged to be partially liable for your accident or injury in a theatre this could be seen as contributory negligence, which could affect your right to seek compensation. A claim for a theatre injury could be difficult if contributory negligence is a factor and as a result you are advised to consult a personal injury solicitor at the earliest opportunity. Your solicitor will assess your claim and advise you on whether you should continue with pursuing compensation for an accident in a theatre.
Contributory negligence may be a factor in your theatre injury compensation if it is considered that the extent of your injury could have been limited through timely medical intervention. This may be the situation if – for instance – you neglected to visit the doctor until a number of days after your injury in a theatre was sustained. It may therefore be considered that your injury deteriorated because of your failure to seek medical attention after your accident in a theatre, and that contributory negligence was a factor regarding the extent of your injuries. In this situation, although you may still be entitled to make a claim for a theatre injury, your compensation can be reduced in order to reflect your own negligence.
Your theatre injury compensation could also be affected if your accident was partially caused by you. Say – for instance – there was a wet floor in the theatre that was clearly marked with a warning sign which you ignored, resulting in an accident in a theatre. It may be considered that you contributed to your injury in a theatre due to your failure to acknowledge preventive measures to avoid an accident occurring, and your claim could be damaged as a result. There are other instances in which contributory negligence could be a factor in your claim for a theatre injury – for instance, if you unsafely climbed over the seats.
You may still be entitled to some compensation for your injury in a theatre if contributory negligence is a factor – however the amount you will be able to claim can be reduced to reflect the extent of your own negligence. For instance, if you are believed to be 30% liable for your accident in a theatre or injury, you may only be entitled to 70% compensation for your injuries. If you are judged to be significantly liable for your accident or injuries, a claim for a theatre injury may not be worth your while to pursue. For this reason, it is important that you first seek legal advice regarding your theatre injury compensation, and your solicitor can recommend a course of action to follow.
