Damien and his friends went to a night club to celebrate his birthday. They had never been there before. They were not aware the night club in question had a reputation for trouble from locals.
The night club employed a security company to provide 2 bouncers to monitor the door. There were no other staff trained to deal with problems inside the premises, in particular the bar and dance floor area. Unfortunately the night club condoned the practice of allowing patrons to bring glasses onto the dance floor.
Damien and his friends were on the dance floor minding their own business. A girl came up to Damien and started to dance with him. This girl’s boyfriend was also on the dance floor and he took offence to this. Words were exchanged and then a fight broke out. One of Damien’s friends ran to get a bouncer but both refused to leave the door claiming their job was to monitor the door. Damien’s friend explained what was going on and that he needed help to break up the fight. In desperation the friend ran back to the dance floor and just at that moment he saw a person smash a glass and slash Damien in the face. The fight broke up and the onlookers stood back whilst Damien’s friends came to his assistance. Thankfully the Gardai arrived soon after having been phoned anonymously.
The Gardai took statements and charges were subsequently brought. Damien and his friends were fully exonerated. The slash injury to his face required 22 stitches and he suffered permanent scarring.
He took a claim for personal injury against the night club owners and the security company who provided the bouncers. His claim was successful on the basis that the night club had failed to provide adequate security and supervision. The security company was also held vicariously liable* in not ensuring their bouncers were properly trained. The fact the night club owners condoned the practice of allowing glasses on the dance floor and were aware of previous fights on the premises was regarded as a contributory factor in holding both the night club owners and the security company at fault.
If you have been the victim of an assault attack whilst on a private premises, contact our offices or Ms. Marianne Sheridan of our office for advice as to whether or not you may have a claim for compensation against the premises for negligence. Our office provides a no obligation service and will arrange a consultation by telephone or in our offices, which ever suits your needs.
*Vicarious Liability – an employer can be held liable for the negligent acts or omissions of it’s employees or contractual agents.