Doormen, often called bouncers, security, door staff or door supervisors have a job, it is to ensure your safety while you are inside, entering or leaving an establishment (for example a bar, theatre, entertainment venue or nightclub etc). Club managers are required to look after their customers and this means they must only employ registered door staff and keep detailed records of all staff. In order to work as a door supervisor it is now compulsory to have a licence issued by the Security Industry Authority (SIA). The licence is in the form of a badge which should be displayed at all times while working and on duty, usually in a wallet or pouch on the arm, and worn so that the person's name and photograph are displayed.
When you go for a night out, the last thing you expect is to be assaulted by a person that you believe is there to look after and protect you. Nobody likes to be asked or told to leave an establishment, especially if they have paid to get in, but door staff have no more right to assault or hurt you than any other person, and you have a right to be safe. An assault could be being hit or pushed by a member of door staff as they try to eject you from the premises, or by the use of physical force to prevent you from entering. Such incidents do occur, and nights out sometimes end in hospital or with an injury.
If you have sustained injury and loss as a result of being assaulted by a doorman then you can look to claim compensation from the owner of the club.
What do I need to do?
If you do experience an injury that was caused by a bouncer or member of door staff, then you should:
- Report the incident to the manager of the club/bar as soon as you can, and ask for the bouncer's name and identification number.
- Make sure that the manager makes a formal record of your complaint.
- Check with the manager that the premises have CCTV surveillance in operation. Act swiftly as recordings are often kept for specific periods of time before being deleted.
- Contact the police and report the incident.
- Go to hospital, or see your GP the next day, depending on the seriousness of the injury.
- Take photos of any injuries that you have sustained.
If you have been assaulted it is possible that you may feel anxious about attending nightclubs and bars again. You may feel frustrated and angry, and may blame yourself for what happened if this becomes a psychological issue preventing you functioning on a day-to-day basis you may have a claim for mental as well as physical injuries you may have sustained.
What can I claim for?
If you have been the victim of an assault at a nightclub or bar you can claim compensation for your injuries, both physical and mental. In addition you can also claim for any financial losses arising from the assault. This could include:
- Damage to your clothing.
- Lost income if you are off or unable to return to work as a result of the injury.
- The costs of any treatment or medication, or the cost of visits to hospital.
- Care and assistance from family and friends.
To give you the best chance of a successful claim you need to
- informing the police, the premises/club manager of the incident without delay, and
- co-operate fully with the police as a prosecution of your attacker will help support your claim for compensation.
Who can I claim against and how do I do it?
You could bring a claim against the member of staff personally, or against the club as employers of the door staff – this is the better option as they will have to carry insurance for such incidents. The manager is liable for the actions of his staff; this is known as ‘vicarious liability'
In addition you can apply to the Criminal Injuries Compensation Authority (CICA), who provide a free service to victims of violent crime and can recognise your suffering and give you some financial support that may help you to move on. You can apply on your own, but if you use a solicitor who is experienced in submitting CICA claims then your chances of success are improved, and they will deal with it all for you.
If you do experience an assault by a member of door staff, you should keep a record of all the expenses you incur as a result of being injured, and see a solicitor who specialises in door staff assault and Criminal Injuries Compensation Authority (CICA) claims as soon as possible, to maximise your chances of claiming the full amount of compensation that you deserve.
