nightclub negligence?

love_my_2_boys

eranou wrote: »

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

how vile are you!!!
if this is the tone all your posts are going to take then do everyone a favour and refrain...

Ivory_Tinkler

love_my_2_boys wrote: »

how vile are you!!!
if this is the tone all your posts are going to take then do everyone a favour and refrain...

Eranou is entitled to an opinion whether you agree or not. The rules of the forum request that even if you disagree courtesy helps. Comments like this are only going to encourage a bun fight rather than dealing with the matter in hand.

Now I have a question for the OP - you state that you didn't sue your son's attackers? Did you try to do this or are you just assuming that they have no assets? If you haven't tried to sue them yet then it may be worth it - if you get some money out of them it may be enough for your son to have a nice holiday?

Optimist

Whilst the club do have a duty of care or occupiers liability if you prefer, the relevant legislation uses the word reasonable a lot i.e. “The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted to be there"

So it would be up to a court to decide given all the circumstances if the club has acted reasonably

As Sarahg1969 suggested you really need to see a solicitor for proper legal advice then all the circumstances/options can be looked into including the option to sue the attackers.

love_my_2_boys

Ivory_Tinkler wrote: »

Eranou is entitled to an opinion whether you agree or not. The rules of the forum request that even if you disagree courtesy helps. Comments like this are only going to encourage a bun fight rather than dealing with the matter in hand.



OOOOHHH, sorry!! what are you, the forum police?
get a life.
Eranu's comment was vile and uncalled for and of no help whatsoever(that's my opinion)
:shhh:

Ivory_Tinkler

love_my_2_boys wrote: »

Ivory_Tinkler wrote: »

Eranou is entitled to an opinion whether you agree or not. The rules of the forum request that even if you disagree courtesy helps. Comments like this are only going to encourage a bun fight rather than dealing with the matter in hand.



OOOOHHH, sorry!! what are you, the forum police?
get a life.
Eranu's comment was vile and uncalled for and of no help whatsoever(that's my opinion)
:shhh:

I quite expected this from you. I've noticed from some of your other posts that you can be quite cutting and submissive. There is no place for these types of comments on this forum, it's nothing to do with "forum police" it's just common courtesy. Remarks such as yours results in the thread going off track while people start hissing at each other.

I agree that Eranou's comments were harsh but you made the silly mistake of rising to them.

So if you'll excuse me, I'm off to go and get a life (which was a very discourteous comment to make).

love_my_2_boys

Ivory_Tinkler wrote: »

love_my_2_boys wrote: »

I quite expected this from you. I've noticed from some of your other posts that you can be quite cutting and submissive. There is no place for these types of comments on this forum, it's nothing to do with "forum police" it's just common courtesy. Remarks such as yours results in the thread going off track while people start hissing at each other.

I agree that Eranou's comments were harsh but you made the silly mistake of rising to them.

So if you'll excuse me, I'm off to go and get a life (which was a very discourteous comment to make).

Good, see ya :rotfl:

dacouch

Optimist wrote: »

Whilst the club do have a duty of care or occupiers liability if you prefer, the relevant legislation uses the word reasonable a lot i.e. “The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted to be there"

So it would be up to a court to decide given all the circumstances if the club has acted reasonably

As Sarahg1969 suggested you really need to see a solicitor for proper legal advice then all the circumstances/options can be looked into including the option to sue the attackers.

This is spot on, I deal with Nightclub Insurance and used to handle a lot of slip and trip type claims for them (They have tightended up their H&S and documented it all so it is very difficult for customers to sue them now as they can prove they have taken reasonable steps to prevent slips and trips). With nightclubs and other licenced premises it is taken into account that their duty of care is greater than a normal business as they have to take into account their customers are likely to be drunk.

As advised, seek legal advice and see what they say, most will not charge for a consultation

Dave101t

being 'up north' i presume to be in some sort of shenanigans upon entering such a nightclub, i thought it was an occupational hazard?

barvid

Brooker_Dave wrote: »

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

http://www.safeconcerts.com/crowdsafety/landmark-ruling.asp

I was physically attacked by a bouncer in a club a few years ago (dragged me across a table and across the floor, cutting my leg, and then disappeared without ever telling me why he'd done it). Several friends who were sober witnessed the entire thing, and I made an immediate complaint to the club manager and to the police who were outside. I got nowhere with it. They accepted no liability, sent me £100 or something to shut me up, and that was that. In the end, I had little useful evidence and the club would just have provided ten bouncers to testify I was doing something I wasn't, so I let it lie.

Samba_Pa_Ti

barvid wrote: »

I was physically attacked by a bouncer in a club a few years ago (dragged me across a table and across the floor, cutting my leg, and then disappeared without ever telling me why he'd done it). Several friends who were sober witnessed the entire thing, and I made an immediate complaint to the club manager and to the police who were outside. I got nowhere with it. They accepted no liability, sent me £100 or something to shut me up, and that was that. In the end, I had little useful evidence and the club would just have provided ten bouncers to testify I was doing something I wasn't, so I let it lie.

i sympathise with you, ive seen some brutal things in my time on the doors, i have been attacked many times but have never even had the chance to take people to court or get any damages.

as was mentioned before its an occupational hazard, but for customers to get attacked by a bouncer is very rare imo especially unprovoked attacks.

out of interest what town did this happen in ?

as for the OP's situation the nightclub should have at least 1 door supervisor on/in the nightclub per 100 people in the club, so if the club can hold 1000 people there should be around 10 doorstaff, if theres only 500 in the club they would be legal with 5 staff but covering all floors of a nightclub isnt easy with that many (2 on the doors, 3 inside).

thats one reason there might not have been somone on the floor where the incident happend, its fair enough untill somone gets hurt and its probably the clubs fault for not employing enough staff in the first place, as theres a lot of doorstaff out of work atm where i live.