Nightclub Found Vicariously Liable for Doormans Disabling Punch
An ex-Firefighter was left with a lifetime of pain and disability after a fracas outside a nightclub. The victim (H) was attacked by a doorman, which left him with fractures to his skull, nose and jaw. He also suffered severe brain injuries, leaving him with widespread cognitive impairments including impaired intellect and memory retention.
CCTV footage of the incident showed that a fight had ensued outside the club and (H) was seen to be backing off from the doorman with his hands up, gesturing that he did not want any trouble. At this point the doorman delivered the fateful punch and (H) fell to the ground, his head striking the pavement. The doorman in question was convicted of grievous bodily harm and received a two year suspended sentence.
The Court of Appeal upheld a decision made by the High Court last year that the leisure company were vicariously liable for the doorman’s actions, even though he was not directly employed by the club.
The law firm representing (H) states this means that companies which employ contract workers may be held responsible for their actions whilst working on their premises, dependent on the amount of control they retain.
The leisure company denied liability on the grounds that the doorman was not employed by them and was an employee of the security firm. The leisure company have agreed to make an interim payment of £25,000.
If you hire staff from other companies, Peninsula recommend that you make it clear in the contract with the hire company, who will be responsible for the hired staff’s negligence.
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