Opinion on assault

unanonymous

Hi,

Read the charter, not looking for legal advice, just for some informed(or otherwise!) opinions.

I was recently assaulted in nightclub, it was an unprovoked attack involving a weapon which had been brought into the club and past security. Luckily not much harm was done, but myself and my friends were injured.

My question is this, where would the nightclub stand in relation to the my security and wellbeing whilst in the club? I am shocked that a weapon was smuggled past security, but am aware they can't be everywhere. But I am also aware I hadn't seen indemnity signs and "enter at your own risk warnings" when I entered the club.

Any opinions would be helpful, as am contemplating drafting a letter to the proprietors, and to the Superintendent in charge of issuing licenses in the district.

AMIIAM

I suggest you find a competent solicitor who is familiar with this type of assault.

McCrack

Indeed like the previous poster suggested, dont enter into any correspondence yourself, get a solicitor to do that. There certainly is potential for an action against the club but without knowing all the facts it's hard to say but yes the potential is there.

The signs you mention dont mean a whole lot either, occupiers of licensed premises owe a duty of care to any person on their premises and they cant absolve themselves from this by putting up a sign that you describe.

TheNog

OP will you let us know what the solicitor says. Im not aware of any legal power of stop and search for security so would like to know or if anyone else knows?

Quaver

As far as I know, security cannot legally search you without your permission. However, they can ask to look in your bag/search you, which you are fully entitled to refuse to do, but then they will just not let you in as they do have the right to refuse permission.

I think it's a bit of a grey area, I can't see how the club would be liable if they made efforts to stop people bringing weapons in, or reacted immediately and adequately to any situation. However there is still occupiers liability issues etc.

dats_right

Quaver wrote: »

I think it's a bit of a grey area, I can't see how the club would be liable if they made efforts to stop people bringing weapons in, or reacted immediately and adequately to any situation. However there is still occupiers liability issues etc.

As it happens, I've been involved in a number of recent civil cases involving assaults by patrons on other patrons in licenced premises and I would agree that it is a complicated area. The fact that a weapon was used in the assault rather than just a punch, in my own personal opinion [not to be relied upon by anybody else] probably doesn't particularly help the licencee but this is a case where you without doubt need to speak to a solicitor immediately in order to obtain proper and comprehensive advice.

McCrack

Yes it boils down to the exact circumstances of the assault and Quaver hit it on the head mentioning what was the clubs initial reaction and adequacy of. I'm aware of one case involving a nightclub where a innocent punter was effectively 'started-on' and a few punches were thrown. The bouncers separated them but didnt eject the aggressor. Later on in the night the aggressor smashed a bottle over the innocent punter and then slashed the person with it.

Substantial damages were awarded against the nightclub for not managing the original altercation effectively.

So it just depends on the facts and a solicitor familiar with personal injury will advise.

Trojan911

unanonymous wrote: »

I am shocked that a weapon was smuggled past security, but am aware they can't be everywhere. But I am also aware I hadn't seen indemnity signs and "enter at your own risk warnings" when I entered the club.

The problem there OP is security can search persons entering a club as a condition of entry with signage displayed, male on male & female on female, however, they can only search within limits & if a person has a weapon tucked down the crack of his butt it will be missed as they do not have any authority to strip search a person. If they refuse to be searched they are refused entry.

All liscensed premises have a duty of care to it's customers & that includes unobstructed & unlocked emergency exits, spillages on the dance floor to stop falls & slips etc, monitoring drunkeness within & acting on that when it comes to light, and these duties do normaly fall in the remit of the security staff but not necessarily all the time.

This is my opinion, not advice. I also have a DSP course completed.

Thoie

I have no legal background whatsoever (just making that clear), but I'd imagine some of it might depend on what the weapon is, and whether it would be reasonable for a person to be carrying it.

For example, it wouldn't be unusual for me to be in a bar with a cigarette lighter, a bottle of perfume, a hair brush, a biro and a folding umbrella. (I must really empty my handbag). I wouldn't expect any security staff to object to any of those items, but with some ingenuity I could probably do some damage with any of those, or a combination.

I really think it would partially come down to what the weapon was, and whether it was something that had no other reasonable excuse to be on your person during a night out (for example a large kitchen knife).

Rhamiel

Im sorry to hear about your experience but I think your going down the wrong road trying to put the liability on the nightclub and doormen. A nightclub is basically a public place. If the assualt had taken place on a bus would you blame the bus company? It was the person who attacked you that was 100% in the wrong here. I hope you immediately reported this to the guards?

McCrack

Rhamiel wrote: »

Im sorry to hear about your experience but I think your going down the wrong road trying to put the liability on the nightclub and doormen. A nightclub is basically a public place. If the assualt had taken place on a bus would you blame the bus company? It was the person who attacked you that was 100% in the wrong here. I hope you immediately reported this to the guards?

That is not correct. It depends on the circumstances of the assault. Civil liability can attach to the nightclub and/or the company that employed the bouncers if not enough care (duty of care) was given to the OP. Similiarly if another customer spilt their drink in the night club and the OP sliped and injured themselves the nightclub is potentially liable.

Johnny Utah

OP - Speak to a solicitor.