Patron Safety Claims

PATRON KNOCKED OUT

On the last working day in 2012 our client went to a hotel in northern NSW, where he lived, to have a few beers to unwind after a very busy year.

The hotel, when he arrived, was staging a “jelly wrestling” contest which involved a number of hotel patrons wrestling bikini-clad girls in a pit filled with jelly. Whilst our client did not participate in the jelly wrestling he suffered a severe injury when he attempted to cross the hotel floor and kick a beach ball. He slipped backwards on the wet and slippery floor and hit his head, which knocked him unconscious.

The doctors at the local hospital assumed that the claimant was simply intoxicated, however when our client was taken to a larger hospital the next day, after he suffered from severe headaches, scans revealed that he had suffered a brain haemorrhage, because of the fall. He was immediately admitted to hospital for appropriate treatment.

Our client was unable to return to his normal work and suffered from severe mental fatigue which restricted him to part-time work. The injury also caused some adverse personality changes which was distressing not only for him but also members of his family.

We were able to obtain CCTV footage of the accident which clearly showed how the accident occurred and the fact that our client’s head hit the floor very hard.

The insurer for the hotel denied liability and we commenced court proceedings in the Supreme Court in Sydney. The claim was listed for hearing in early December but was settled on a compromise basis at a settlement conference with the lawyers for the insurer. Our client accepted some discount for the fact that at the time of the accident he may well have been intoxicated, although he has no memory of the day or evening.


YOUNG MAN SUFFERS ASSAULT

Samuel was brutally assaulted at a Sydney Hotel by other patrons while bouncers stood and watched. Samuel continues to suffer severe psychological injuries following the assault. Samuel’s case was successfully settled out of court against the Hotel and the security company.


CLIENT HIT BY FLYING GLASS

Sharon was a patron at an inner city hotel when she had a glass thrown at her by an intoxicated and aggressive patron. The Patron was intoxicated prior to entering the establishment, and in the face of security at the front door being aware of his heavily intoxicated state and aggressive nature, they allowed him into the pub. He continued to be loud and aggressive, and despite this he was not escorted off the

premises. For no apparent reason he then threw a glass at Sharon. As a result, she sustained lacerations to her face. Fortunately she made a very good recovery and was left with minor and almost undetectable scarring. The claim was made against the licensee of the inner city pub and Sharon was successful in achieving a very good settlement. She was delighted with the result.