what are my rights??

BLACKEN

hey! where to start??

well last week i was in a niteclub and was attacked inside the venue and ended up in hospital after getting a bottle broken over my head. now i didnt start fight and i'm jus very disappointed in the way in which it happened cos there should of been more door staff and the people behind it were never found(i dont even think they tried to find them) i was jus wondering what are my rights in this situation as im really unsure of what i can do. to be honest if i pay money in the door to one of these places i'd expect tighter security.

Tom Young

BLACKEN wrote: »

hey! where to start??

well last week i was in a niteclub and was attacked inside the venue and ended up in hospital after getting a bottle broken over my head. now i didnt start fight and i'm jus very disappointed in the way in which it happened cos there should of been more door staff and the people behind it were never found(i dont even think they tried to find them) i was jus wondering what are my rights in this situation as im really unsure of what i can do. to be honest if i pay money in the door to one of these places i'd expect tighter security.

You start by contacting a solicitor and doing so quickly.

BLACKEN

Tom Young wrote: »

You start by contacting a solicitor and doing so quickly.

thanks for the advice but im a poor student! and i jus cant afford one! i heard citizen advice mite be able to appoint one for me and the legal cost would be dealt with then. to be honest im not that interested in the money side of things. i just really wouldnt want to same thing to happen to someone else. it was a horrible experience.

sparkling sea

BLACKEN wrote: »

thanks for the advice but im a poor student! and i jus cant afford one! i heard citizen advice mite be able to appoint one for me and the legal cost would be dealt with then. to be honest im not that interested in the money side of things. i just really wouldnt want to same thing to happen to someone else. it was a horrible experience.

The attack should be reported to the Gardai. Also often nightclubs have video footage of incidents, you should ask the nightclub about this.

The citizens advise centre will help you with regard to representation in a criminal case, however its unusual to get free representation in a civil case.

BLACKEN

sparkling sea wrote: »

The attack should be reported to the Gardai. Also often nightclubs have video footage of incidents, you should ask the nightclub about this.

The citizens advise centre will help you with regard to representation in a criminal case, however its unusual to get free representation in a civil case.

yes contact was made with the niteclub and they told me that i had told them that when my friend went to hug me he accidently hit me with a bottle!.................. i was ofcourse shocked by this as anyone would be! i never said that! and i can tell you now no friend of mine would do such a thing.

for the benfit of everyone ready this i will relay the serius of events that led to me covered in blood and being told that my hair wont grow bak were the scarring will be.

me and my friend were standing in a niteclub jus talking to each side by side doing nothin to anger anyone when all of a sudden i get punched in the face. shocked i stepped bak and upon raising my head i c my friend on the floor with his arms trying to cover his face while someone is attemping to kick him. i then without thinking run over to the guy kicking him and punch him a couple of times. i know i shouldnt of done this but it was jus my natural reaction to help me friend im generally not a violent person and i dont start fights. anyway when i punched the guy for the secoud time i felt a bottle break over my head. and the next thing i know the niteclub staff are dragging me to private toilets to try and stop the bleeding.

ever since this happened i've been angered and frustrated at the fact that this happened and the fact that i was the one guy that helped my friend out. where were the staff?????

Goesague

there are numerous solicitors who will deal with cases like this without charging you. Go and find one.

Locust

Are you wanting to apprehend the culprits who 'attacked' you in the interest of justice? Or do you want to 'do' the nightclub for security not being there to stop it?
Your leaving it a bit late for the Gardai to investigate as a week has rolled on. Fights happen all the time every night people get chucked out for throwing punches etc... they are very hard to prevent as the average fight lasts just a few seconds, not really much time for a bouncer to cop whats going on and make his way from one side of a busy club with the music pumping pushing people out of the way to get to you etc... and they could have been dealing with somethings else. But hey, Report the thing asap and speak to a solicitor.

McCrack

Find a Personal Injury solicitor, most will be happy to meet with you to hear your story and will not charge for the initial consultation.

You may or may not have a cause of action. Much will depend on the facts which the solicitor will tease out. I've seen these type of instances sucessfully sued against the bar/nightclub.

dats_right

The Legal Aid Board is the correct name of the free legal advice service you refer and they don't generally act in personal injury cases. As another McCrack has said a solicitor will not generally charge for an initial consultation in a matter such as this, and if they feel you have a reasonable case against the niteclub they will usually take on the case on a 'no foal no fee' basis, meaning that you only pay the solicitor in the event that you succeed in recovering damages. Therefore, the fact that you are a student and would otherwise not be able to afford a solicitor should not effect your ability to get one to act on your behalf.

cleopatrahair

Hi blacken

I would say you have a good claim there. I recenly had the same situation in a kebab shop in Dame street.

Get a half decent solicitor. though the law society or go to sites like http://www.findasolicitor.com
http://www.solicitorsonline.ie

MagicSean

cleopatrahair wrote: »

Hi blacken

I would say you have a good claim there. I recenly had the same situation in a kebab shop in Dame street.

Get a half decent solicitor. though the law society or go to sites like http://www.findasolicitor.com
http://www.solicitorsonline.ie

claim against who? he didn't report the matter to the gardaí so he'll have to say why and it severely reduces any chance of catching the attacker. sounds like the nightclub stepped in very fast and seperated everyone involved. cctv probably wont be much use in a dark club. i dont see the logic in trying to blame the nightclub for somethin a drunk scumbag did.

NUTLEY BOY

If this happened well off the premises any thought of a civil action against the club is more likely to be a waste of time and I fully expect that to be the advice that you will receive.

As far as special damages (expenses like doctors and losses of earnings and so on) are concerned you would be more likely to recover something from the Criminal Injuries Compensation Tribunal. Contact details as follows ;

Criminal Injuries Compensation Tribunal
13 Lower Hatch Street
Dublin 2
Phone: + 353 1 661-0604
Fax: + 353 1 661-0598

E-Mail: criminalinjuries@justice.ie

I think that there is a three month time limit to notify claims to them.

Delancey

Failure or significant delay in notifying the Gardai may prejudice any claim for Criminal Injuries Compensation.

NUTLEY BOY

delancey42 wrote: »

Failure or significant delay in notifying the Gardai may prejudice any claim for Criminal Injuries Compensation.

Yes, good point.

I think that there is something like a three month time limit within which to lodge a claim (no limit for fatal cases ?).

There is a great shortage of information about this board and how they work. I cannot even find a website for them - maybe they don't want to encourage people to find them !!!!!!!!!