These days, many people hoping for an enjoyable evening out end up in the hospital with a bruised and swollen cheek or a broken nose. The worst thing is that some of these people are completely innocent. Aggressive customers or overzealous doormen, formally known as “bouncers”, can hit someone who has nothing to do with a scuffle taking place outside a pub. In this case, the victim could file a compensation claim against the persons responsible for the incident. If you have been the victim of an incident involving a bouncer, and now you are asking yourself, ‘Can I claim against a doorman?’, here is what you need to know.
Making your complaint
The first thing you need to do is to complain to the staff and to the police as soon as possible. Although the pub’s employees and the police cannot offer you any compensation, the law specifically requires the staff to record the incident in an accident book and the police to fill out a report. Having your incident with all the details recorded in two places will help you back up your claim with strong evidence. In addition, since an attack is regarded as a crime, the law also requires you to cooperate with the police officer handling your case. If you refuse to cooperate, you may have your claim rejected.
Before going to the hospital, another thing you should do is to get the details of the people who witnessed the incident. Then, you can go to the hospital for treatment. Ask the doctor to specify all the details of your injury and prognosis in your medical records. The more details the police report and medical records included, the better it is, as your personal injury solicitor will be able to assess the severity of your condition correctly and request an adequate compensation award.
Who is responsible?
If you did not cause the incident, you could claim compensation against the doorman directly, against his employer, or against the Criminal Injuries Compensation Authority (CICA). Claiming compensation from the doorman is not such a good idea because he may not have money to cover the award required by your solicitor. Thus, the best course of action is to file the claim against his employer or against the CICA.
Employers have the legal obligation to properly select their employees, including door staff. Since doormen are responsible for maintaining order, the owner of a drinking establishment must ensure that the people he or she intends to hire as doormen have no criminal convictions. In addition, the employer has the responsibility to explain to his or her employees how to deal with customers, what is permitted and what is not. However, if a doorman has injured you, you have the legal right to pursue a compensation claim against his employer. You could also file your claim with the CICA, a government organisation that pays compensation awards to the people who have been innocent victims of violent crimes.
We hope that we helped you find out a comprehensive answer to the question, ‘Can I claim against a doorman?’ For additional information, you are welcome to contact our friendly staff at Accident Advice Helpline by calling our toll-free number 0800 689 0500 or using our email.
Date Published: April 22, 2014
Author: David Brown