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nightclub negligence?

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  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    simpywimpy wrote: »
    thanks, its just we were given the impression after the event that because of previous problems of a similar nature, they were told to have cctv installed which we believe wasnt done until after this event. Who would have ordered this to be done?

    If they were ordered to have it done previous to this and didn't, then I think we may have a possible case but wouldnt want to rock the boat by starting proceedings without something to base it on.

    If it had been a member of staff you'd have no problems with a case:

    http://www.safeconcerts.com/crowdsafety/landmark-ruling.asp
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A court looks at whats "Reasonable" if they had previous issues and been advised to have cameras a court would look at whether they had taken action to have them installed in a reasonable amount of time and also the cost constraints in relation to the risk of problems.
  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    thanks for the info.

    The two people who did the assault have been jailed.
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    simpywimpy wrote: »
    thanks for the info.

    The two people who did the assault have been jailed.

    That's something, at least you son's attackers have been brought to justice.
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • Ivory_Tinkler
    Ivory_Tinkler Posts: 1,089 Forumite
    Surely you should be bringing a civil case for compensation against the attackers and not the club? Otherwise anyone who was assaulted in the street would sue the council (because the council in effect, "own" the streets)?
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I think proving that the nightclub owners were negligent and that that negligence then led to your son's injuries may be difficult. However, there's nothing wrong with taking some legal advice. A lot of solicitors will do a free first interview. They may recommend a criminal injuries compensation claim:

    http://www.cica.gov.uk/
  • A similar thing happened to my partner outside a club - we made a CICA claim and were successful. What has happened to your son is appalling, but it's not the nightclubs fault just the morons that did it. Nice to see you got some justice.
  • Surely you should be bringing a civil case for compensation against the attackers and not the club? Otherwise anyone who was assaulted in the street would sue the council (because the council in effect, "own" the streets)?

    What she said.

    Although i'm guessing you tried this route and were unsuccesful?

    If a case against those that actually did the attack was unsuccesful I can't see the nightclub being even remotely liable for what in effect is the same incident?:confused:
  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    we havent sued the attackers as being young lads, neither in employment or with assets, there didnt seem much point
  • eranou
    eranou Posts: 377 Forumite
    simpywimpy wrote: »
    we havent sued the attackers as being young lads, neither in employment or with assets, there didnt seem much point


    so your not actualy bothered about what happend to your son your more interested in puting the blame elsewhere and grabbing all the money you can.

    for shame
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