Settlement in the sum of £14,397.66 for a client whose eye was injured by a sparkler.

Background

Our client was injured by an artist during a show at the Box Club Soho.

He had walked past the stage, along the designated walkway, and as he passed, one of the on stage artists was waving a sparkler which caught our client in his left eye.

Injury

As a result our client suffered a superficial burn to the left cornea, resulting in recurrent corneal erosion syndrome.

He experienced pain in his eyes, initial swelling to his eye and had to take steroid drops. He suffered disturbed vision for 2 weeks and was unable to return to work for approximately 3 weeks. 

Our client continues from time to time to experience pain in his left eye as a result of the recurrent corneal erosion syndrome. This will diminish in time.

Legal proceedings

The claim was started in the Public Liability Portal. The allegations against the Defendant were a breach of duty under s.2 of the Occupier’s Liability Act 1957 or negligence in failing to provide sufficient distance between the walk way through the club and the stage, allowing performers carrying sparklers to be in close proximity to guests and failing to protect guests from dangerous activities.

Liability was admitted. Medical evidence was obtained and settlement negotiations commenced.

Settlement

The claim was settled on a global basis for £14,397.66 however a rough breakdown of the settlement figure is as follows:

general damages - £5,000

Special damages:

travel expenses - £69.90

medical expenses - £288.62

loss of earnings - £9,039.14

The Defendant also agreed to pay the Claimant's costs of the case, which had been run under a Conditional Fee Agreement.