An electrician Plaintiff who intervened in a nightclub incident in Barcode Nightclub, Clontarf five years ago recently had his claims for damages dismissed in front of the Dublin Circuit Court.
The circumstances of the accident as detailed by the Plaintiff were that he stepped in to stop a ‘mystery man in black abusing a blonde woman’. The Plaintiff advised he told the man in black to ‘Stop, leave it out’ and with this he saw a glass travelling at force through the air but had not time to avoid same. The Plaintiff was unable to identify who threw the said glass.
The Plaintiff sustained an injury to his left eyebrow and received first aid treatment from the Defendant staff.
The Plaintiffs’ Counsel contended that the club owners were negligent in their duty of care to the Plaintiff.
The Defendant Counsel told the Court that there had been an adequate number of security staff on duty and that the incident was completely out of the blue. Counsel went onto say that the law required the owners of the premises to take ‘reasonable steps’ for the safety of the patrons and staff could not have foreseen this attack.
Judge Groake held that he accepted the defence evidence regarding the adequacy of the security and training of staff on the night and in doing so dismissed the Plaintiffs case with no order for costs.
The above judgement shows that the standard of proof in similar cases is that the occupier must take reasonable steps for the safety of patrons. If it is proven otherwise then a case for damages will be successful.
TIERNAN & CO SOLICITORS IS A MEMBER OF THE DUBLIN SOLICITORS BAR ASSOCIATION AND THE LAW SOCIETY OF IRELAND