Security staff claims
Security staff outside the police force play an important function in protecting the public and promoting safety. That being said we have noted that security staff are often assaulted by members of the public which may give rise to a claim. Additionally we have pursued claims where security staff have assaulted members of the public.
Types of claim in this area that we have successfully pursued are:
- Private security staff assaulted by members of the public.
- Members of the public being assaulted by security staff at nightclubs/pubs/clubs etc.
Under the doctrine of vicarious liability a secondary liability arises under common law against the employer for the negligent acts committed by their employees, staff or agents. Therefore in the context of door staff assaulting members of the public who frequent pubs and clubs then the nightclubs owners are vicariously liable for their employees assaulting members of the public.
In relation to security staff being assaulted in the context of private security again an employer has the obligation to carry out a risk assessment to ensure that suitable steps are taken to prevent the employee (in other words the security staff member) being exposed to a foreseeable risk of injury. Where they do not and the assault is reasonably foreseeable the employer will be liable to pay compensation.
Can I claim
As set out above we have pursued many claims for security staff and indeed where members of the public have been assaulted by security staff. Please contact our team to discuss the matter further.
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death
- The date of the personal representative’s knowledge
Which ever is later.
For all cases involving children limitation will expire on their 21st birthday.
What can I calim for
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life (PSLA)
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate.
- “Smith and Manchester Award”
This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
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