Compensation claim for Bouncers Failure to Anticipate and Prevent Violence


Violence in pubs, clubs and hotels is becoming increasingly prevalent in Australia.


Compensation claims


Compensation claims where security guards have used excessive force resulting in the injury and/or death of a patron have been well documented in recent years. In attempting to diffuse and control potentially violent situations, it has often been the bouncers themselves who have caused patrons to suffer injury.


There have also been compensation claims awarded to victims injured by other patrons in circumstances where the security guards were incompetent and/or negligent in dealing with a violent or dangerous situation.

 

Orcher v Bowcliff Pty Ltd


Orcher v Bowcliff Pty Ltd

 

At 4.50 am on 25 November 2007, claimant John Orcher was king hit by Tamiano Paseka outside of the Rozelle Bridge Hotel. As a result of the punch, Orcher fell backwards and hit his head on a footpath, suffering a serious brain injury.

Security guards employed by the hotel watched the incident unfold between the patrons from the front of the hotel but failed to act in any way to prevent the incident from escalating in the first place.


anticipate

Justice Harrison explained that the bouncers were aware that the potential for violence between the patrons was escalating for a period of two and a half minutes before the assault occurred – during which the bouncers failed to intervene in any way.

The claimant was awarded $1.4 million dollars in compensation for injuries suffered.


Summary


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The decision may yet be appealed.


Read More:

A Guide To Professional Negligence

A Guide To Personal Injury

An Enlightening Guide on Personal Injury Solicitors

A Guide To Accident Compensation Claims

The Compensation Guide

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