Claiming for an assault in a nightclub

by admin on February 4, 2011

Claiming for an assault in a nightclub

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Home Page > Law > Personal Injury > Claiming for an assault in a nightclub

Claiming for an assault in a nightclub

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Posted: Feb 03, 2011 |Comments: 0
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If you are assaulted in a nightclub there are two possible scenarios:

 

you are assaulted by a doorman/staff member
you are assaulted by another guest at the club.

 

If the former you would look to seek compensation on the basis of vicarious liability. This means that the employer of the doorman/staff member is liable to you for any injuries and losses you may sustain as a result of negligent or deliberate acts.

 

You would need to show that a duty of care is owed to you; your prescience in the club is enough to satisfy this requirement, you would need to show that this duty was breached; if you are assaulted by an employee this will, per se, be sufficient and you will need to show that you sustained injury; this can be either physical or psychological. The level of damages you would receive would depend upon the extent of your injuries and losses.

 

If you are assaulted by another club guest it will be a lot harder to hold the club liable for your injuries and losses. You will need to show that the club manager or person in charge had reasonable foreseeability that the incident that led to the violence was to take place. Basically, would it be reasonable for the manager to have known that the assault was probable and/or imminent. It is not in itself sufficient that the incident took place.

 

The recent case of Everett and Others v Comojo (Jan 2011) confirmed this was required standard when considering such matters.

 

Regardless of any claim you may have against your attacker or their employer you can always look to bring a claim to the Criminal Injury Compensation Authority as a victim of violent crime. To qualify for a claim under the CICA regulations you must lodge your application within two years from the date of the assault, if over 18, or within two years of turning 18 if the assault took place while you were a minor; although if you are under 18 you may not be legally in the club however this will not be a bar to bringing the claim.

 

There does not need to be an arrest however the matter does need to be reported to the police as soon as possible, generally within 48 hours, and you must give full cooperation to the police in any attempts to apprehend or question your attacker.

 

Regardless of whether you are able to bring a claim against the club owner/manager or whether you are to apply to the CICA you should always seek legal advice from a solicitor with specialist knowledge of such type of claim. The CICA will provide you with advice on bringing a claim however you may still wish to get expert advice and assistance from an experience solicitor.


About the Author:
Mike Massen is a practising solicitor with Gartons Solicitors Leeds – 0113 2310766, mmassen@gartonsolicitors.co.uk  www.gartonsolicitors.co.uk. Gartons provide quality legal service in the following areas: accident claims,criminal injury claims, sexual abuse claims. Gartons have particular expertise when dealing with dogbites and needlestick claims.
If you have found this article of interest please feel free to forward to other sites etc however I would ask that you give full credit to Gartons Solicitors for such, thank you.
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