Our client, a 43-year-old auto electrician, was enjoying a casual night out with friends at a country pub – a routine he had followed for years – when his life changed in an instant. Without warning, a heavily intoxicated patron smashed a glass of beer into his face in a violent and unprovoked attack. This vicious glassing assault caused severe facial and ocular injuries, leaving our client traumatised and in pain.
The Shocking Truth Behind the Attack
Our investigation revealed that the attacker was well known to the hotel’s management for his aggressive behaviour when drunk. In fact, he had been evicted in the past. Despite this, the hotel allowed him to remain on the premises that night – creating a foreseeable risk of harm that could have been prevented.
The Legal Battle
We pursued a public liability compensation claim against the hotel, arguing that it had breached its duty of care by failing to protect our client from a known danger. The hotel denied wrongdoing, claiming it had taken reasonable precautions and even argued that being attacked by another patron was an “obvious risk.” We regarded this assertion as absurd.
To make matters worse, the hotel attempted to shift blame onto our client, alleging he was partly responsible due to intoxication and failing to take care of his own safety. However, CCTV footage told a different story: the attack was entirely unprovoked, and our client showed no signs of intoxication.
The Outcome
As we prepared for trial, the hotel agreed to a substantial public liability payout. This ensured our client received the compensation he deserved for his injuries, pain, and suffering – holding the hotel accountable for its negligence.
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.
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.
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.
Our client was employed as a paramedic with NSW Ambulance Service up to 2001 and was exposed to significant noise levels during that period. He recently consulted us seeking compensation for his hearing loss. Medical evidence was obtained substantiating significant hearing loss. The insurer did not respond to the claim so we proceeded through the Workers Compensation Commission and our client was awarded a lump sum payment and the cost of hearing aids.
