4th December 2006
Our lawyers recently made a successful public liability claim for a lady injured in a public house when a doorman kicked down the door of a toilet cubicle that she was occupying.
The claimant had entered a cubicle in the gents’ toilet with a female friend, as there was a large queue for the ladies toilets.
Whilst in the cubicle, she and her friend heard loud banging on the door and a man shouting at them to come out. There was no mention of who this man was and so naturally, they were quite frightened.
It transpired that the man was, in fact, a member of security staff. He proceeded without warning to kick down the cubicle door, causing a laceration to the claimant’s ear.
Although the owner of the pub admitted that they were vicariously liable (responsible for the negligent acts committed by their employees whilst at work) for the actions of the doorman, they tried to argue that sufficient warning had been given to the claimant and that his actions were for her safety, as they believed that she was in the cubicle with a male.
As witness evidence was given however, they admitted that they knew there to be two females occupying the cubicle.
The judge found in favour of the claimant as he found her evidence to be more honest and believed that if she had been adequately warned she would not have placed herself in danger. She was awarded compensation in respect of her personal injury.
If you have suffered a personal injury in a public place, caused by the negligence of someone else, you may be entitled to claim compensation.
Our lawyers are specialists in all areas of personal injury and can provide expert advice and assistance, so contact us on 0800 0328511 or complete an online compensation claim enquiry form.