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Night club incident - opinions sought

  • 23-11-2010 8:18pm
    #1
    Closed Accounts Posts: 2,951 ✭✭✭


    Hi,
    Not going into specifics here, but story is:
    Person goes to nite club in Dublin city, within 2 minutes of entering this person receives a fairly serious injury necessitating ambulance and a&e admission in hospital.cause of the injury was general horseplay by random idiots jumping around and falling onto person who was injured. CCTV available showing incident. Person is seriously out of pocket due to medical/physio fees /loss of earnings due to not being able to work in part time job. Night club are showing concern by ringing several times enquiring about nature of injury.
    What are peoples opinions on this , is this a legitimate reason to claim against night club?
    Person wouldn't normally seek to claim but is seriously inconvenienced and out of pocket as a result of negligence on the part of the nite club in failing to control the behaviour of it's customers.
    Not looking for legal advice, but rather peoples opinions on whether this is a legitimate case.
    Thanks for reading


Comments

  • Registered Users, Registered Users 2 Posts: 13,272 ✭✭✭✭Paulw


    L5 wrote: »
    What are peoples opinions on this , is this a legitimate reason to claim against night club?

    How is it the fault of the nightclub??

    I can't see how you have a case, unless the club security were well aware of people causing problems, did nothing, which lead to the accident.


  • Closed Accounts Posts: 1,530 ✭✭✭TheInquisitor


    This is clearly one of those cases where people shouldn't jump the gun and go suing people. The nightclub are clearly worried about you so just say to them lads i don't have any interest in suing but im out of pocket by X amount can we come to some kind of arrangement without lawyers etc


  • Registered Users, Registered Users 2 Posts: 10,968 ✭✭✭✭28064212


    L5 wrote: »
    Person wouldn't normally seek to claim but is seriously inconvenienced and out of pocket as a result of negligence on the part of the nite club in failing to control the behaviour of it's customers.
    It's a legitimate case if you can show that the bolded part is true. That's obviously the difficult part though. You'd probably* need to show a history of failing to control customers, as well as that the customers in question were presenting a clear danger prior to the incident

    * Disclaimer: Not a lawyer, not legal advice

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  • Registered Users, Registered Users 2 Posts: 25,704 ✭✭✭✭coylemj


    28064212 wrote: »
    It's a legitimate case if you can show that the bolded part is true. That's obviously the difficult part though. You'd probably* need to show a history of failing to control customers, as well as that the customers in question were presenting a clear danger prior to the incident

    * Disclaimer: Not a lawyer, not legal advice

    I disagree, the night club is obliged to provide a safe environment to it's patrons, that includes keeping the floors of the toilets clean so people don't slip on them, not allowing roof tiles to fall on them and to ensure an orderly environment is maintained so that unruly patrons don't endanger others.

    If that drunk prick irresponsible patron who crashed into the hypothetical injured party had been observed acting the maggot for several minutes without having been called to order by the house staff that would constitute negligence on the part of the management, you do not need to need to show a history of failing to control customers, what about a tourist who is on a weekend in Dublin, how could he sue for negligence if he was obliged to prove a track record of disorderly behaviour in the premises?


  • Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    if you are not the type of person who loves to sue:

    like another poster said - contact the manager of the club, explain to them that you would like them to cover your expenses.

    if they refuse, explain to them that you have no alternative than to contact a solicitor.

    (just on a side note - have the injuries cleared - are you better ? - no muscle aches etc)

    I had a similar issue years and years ago - road was being resurfaced - council workers had gone home for the weekend and didnt leave any signage out for people - I was in work over the weekend and when on my way home, driving a scooter, the bike went from under me...slid approx 20feet, side of the bike was damaged, my shoulder arm and leg on one side was damaged.

    Went back to the council workers foreman on monday - after spending loads of hours in hospital...asked for them to pay for repairs to bike (which would have cost approx €500) ... they refused and said "thats what we have insurance for - goto a solicitor and get more money" .... long story short - was settled for €10K.


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