Pub failed to call the police and ambulance
Good morning,
Two weeks ago my partner was hit in a pub and the manager witnessed the attack. My partner was sent home from the bar with a broken jaw. The bar did not call the police or an ambulance despite him being knocked out and viciously punch in the head. They saved the footage for the police but contacted them only when I reported the attack. The police followed the bar up as it advised and the footage was offered. My partner had 3 plates and screws put in. He is on a liquid diet for 6-8 weeks, was off work and is in a lot of pain. Can we sue the bar for negligence since they failed to call an ambulance and report the incident to the police?
Hi there. It sounds like you are in a difficult position. The information below is about negligence claims generally, and should not be considered specific advice to your situation.
To successfully sue for negligence, several key elements must be proven. You must prove that another person owed you a duty of care, that the person breached that duty, and their breach caused you harm. The law of negligence is particularly complex and not every type of personal injury will result in a successful negligence claim.
Persons who operate venues or places that are accessible by members of the public, such as pubs, are known as ‘occupiers’. An occupier may be held liable for an injury suffered by an entrant on their premises if there is a real risk of that injury occurring and if the occupier failed to take reasonable steps in the circumstances to avoid that injury arising. This means that occupiers must take reasonable steps to ensure that their premises are safe and do not pose any unnecessary risk to entrants.
However, occupiers are not automatically liable for every type of injury that is suffered on their premises. This is especially true if the injury occurs as a result of the criminal conduct of another entrant (e.g. assault or robbery), if the injured person was intoxicated when they suffered the injury, or if the injured person was themselves committing an offence at the relevant time. In these situations, it may be difficult for the injured person to successfully argue that the occupier should be held liable for negligence.
Suggested way forward
The laws of negligence are very complex and it is difficult to predict the outcome of such a claim. You would benefit from speaking to a personal injury lawyer who can fully assess your partner’s situation and his chances of success. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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