Compensation for Accident at a Party

Compensation for Accident at a Party

Can you sue for injuries sustained at a party? A guest at a Christmas Party at a Christmas Party on 7th December 2012 held by Cancer Research UK (CRUK) was injured when another guest attempted to lift her off the ground on the dance floor but lost his balance causing her to fall and sustain a serious back injury. Sandra Shelbourne had been dancing on the dance floor when another guest Robert Beilik, who had been drinking alcohol caused her to sustain an injury. Mrs Shelbourne sued the organisers of the party CRUK for compensation for her injuries.

At a hearing in Southend County Court in January 2018 the claim against CRUK was dismissed and they were not held to be liable in negligence for the injury. Mrs Shelbourne appealed and the appeal was held in the High Court. Judgment was given on 9/4/19 dismissing the appeal.

The Court held that CRUK owed a duty of care to the claimant whilst she was at the party and it was up to the Court to determine the extent of the duty of care and then decide whether that duty was breached by CRUK and if so whether the breach caused the claimant’s injury. The boundary of the duty of care is variable. At a rowdy nightclub where outbreaks of violence are not uncommon then it may be necessary to arrange for security personnel to be present. However in the case of, for example, a respectable members only club where violence is virtually unheard of no such arrangements would be necessary.

CRUK had produced a risk assessment for the party which had regard to the fact that alcohol would be consumed, but it did not prevent people from drinking. The Court held that in the circumstances of the CRUK party the extent of the duty of care did not require CRUK to put in place extra measures and produce a risk assessment dealing with what might occur if someone who had consumed alcohol did something untoward on the dance floor.

Context is important and the court held that it was not wrong to find that CRUK took reasonable steps in the planning and operation of the party. No duty of care was breached and the claim for compensation by Ms Shelbourne was not made out. [Mrs Sandra Shelbourne v CRUK (2019) EWHC 842 (QB)].

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