Accident in cinema - what action should I take?

Tandia

Yesterday I went to the cinema and when I was leaving I fell down the bottom step, badly twisting my ankle.

The reason I fell was that the lights (the small spot lights which run along the edge of each of the steps) were out on the bottom step. It was very dark as the credits were rolling, so it was basically just a black screen - I thought I had reached the bottom, and took a step, to find the ground wasn't where I expected!!

At the time I thought it was one of the most painful things I've ever experienced (and I've had two kids!), and I think I went into a bit of shock. Thankfully a friend was with me and was able to look after my son. I had to go to A&E for x-rays, and thankfully it is not broken, just a nasty sprain of the ligaments around my ankle. Overnight my other knee has also swollen up and I have a number of painful bruises.

We queried the lights being out with the staff, and they (perhaps foolishly), admitted that they were aware of the fault, that it had been reported, but that it hadn't yet been repaired. However, there was no warning sign or any other attempt to prevent what happened to me.

I doubt that there will be any real costs to me - other than the parking charges my husband paid at the hospital and some petrol costs, as fortunately I generally work from home, and should be able to manage that if my husband sets my computer up downstairs, (walking is very difficult for me at the moment, and stairs are nearly impossible on my own). However, I've suffered, and am suffering, a lot of pain, I had to spend a few hours at the hospital, and all my plans for the weekend and the coming week have gone out of the window.

I don't like the whole 'where there's blame there's a claim' culture, and despise the idea of ambulance chasing compensation companies, but what happened really was their fault and could have been prevented. I just don't know what is the right (legally, morally and in my best interests) thing to do. I am considering simply writing to the company to ask for some compensation, and seeing what they offer. I think they would find it hard not to acknowledge fault and if they are reasonable I would be happy with that. However, I am not sure what 'reasonable' should be in these circumstances? And if I go to them directly would I be jeopardising my option of taking legal action in the future if I feel they do not respond reasonably? If I do take legal action, what is the best way to go about it, without involving anyone of the 'injury lawyers for you' ilk?

This is my first post on this site (although I have lurked here off and on for ages), so I really appreciate whatever advice you can give me.

Sorry if this first post goes on a bit!

Thanks

DCFC79

Can i just say 1 thing whatever replies you get dotn get upset if the replies dont agree with what you think should happen

mjgreen60

I don't like the whole 'where there's blame there's a claim' culture

I am considering simply writing to the company to ask for some compensation

Which one, make your mind up!!

I'm sure that you might get a free ticket or two if you really feel the need to write to them over a sprained ankle, a simple accident that could happen stepping off a curb or in your own house. However, if you feel that you are likely to get a cash payout then I think you will be sadly disappointed!!

DCFC79

Had the acccident been reported at the time ?

where would you have the cinema put a note up, at the bottom of the steps but wait the cinema is still in the dark so you wouldnt be able to see the sign

*gem*

The cinema could of put some of that black/ yellow tape over the step, this could of been visable during the credits or even warned people on entry.

I think you should complain and insist that they fix the lights asap so hopefully it doesn't happen to anyone else.

Torby

so you got up to leave when the cinema was still in darkness because you wanted to get out before the rush?

at a guess, I would think there's an argument that you and the cinema are both to blame, them for not indicating the step and you trying to leave before house lights went up.

Mankysteve

You'll have to prove that they didn't take appropriate precautions to protect you.

Did you report the accident at the time and get in there accident book.

hartcjhart

Accident in cinema - what action should I take?

be more carefull next time

Tandia

Thanks for your warning DCFC79 - I do feel somewhat under attack!

OK - I don't like the idea that if someone trips in the street, they go out looking for someone to sue for it. However, I don't feel this is the same situation - I fell due to a fault at the cinema, which they were aware of. And, no, mjgreen - the accident could not have happened on the curb or at home, I wouldn't walk down unlit steps in the dark, and didn't trip due to clumsiness, it happened due to one specific unlit step.

Torby, I wasn't trying to beat the rush - it wasn't busy, and the majority of the others who were there had already left when we did - they were lucky not to fall. I don't know when you last went to the cinema and waited for the house lights to come up, but they didn't even come up when the credits had finished rolling (which takes a significant amount of time) - I know because I was still lying on the floor at the time. The credits probably took a full 5 minutes, and then my friend estimated it was about 5 more minutes before the lights actually came on - she had to chase someone to ask them to sort it out. There was no-one left in the cinema bar us when the credits finished.

Finally, they could easily have put up a sign on the door to the screen, where everyone entering could have seen it, and yes, we did report it as an accident at the time. They had to send a first aider to check me out, and had to wheel me on an office chair to the lift and then out to the street to my husband's car, as I couldn't put any weight on my foot at all. (Which was very embarrassing, as it was in the middle of the day in a popular shopping area!)

Optimist

As you don't want to go the legal route and make millions out of your fall I suggest you contact your local authority environmental health department and complain.

The cinema have a duty of care and its really not relevant if you left before the lights came up, that is the reason the side lights are there

Raksha

I don't know if it helps, but 10 years ago I hurt my finger when another customer pushed open a swing door as I took hold of the door handle to pull it open - she pushed the door open with such force, my hand was caught between the door handle and the rough brick wall, which has a flat headed screw protruding from it. my finger was badly bruised and sore for about 2 weeks.

I did sue the owners of the building, because they hadn't taken any action that the screw was protruding and likely to cause injury.

I received approx £140