violence - who is culpable?

[Andrew]

This just happened to a colleague of mine - he was struck with a broken glass just under the eye (6 stiches in a 1+" long jagged scar) in an unprovoked attack at a bar near work two nights ago.

The club said the guy who did it was causing problems earlier and still they let the guy go whilst my friend was being treated! (it has to be on video, they cannot be without video, can they?)

The club can't do this, just let the unidentified attacker go?

My friend and colleague+witnesses want to sue the bar for negligence and is currently seeking legal advice. I am appalled at this venue's attitude to security but that's just me.

I would appreciate your objective input on this matter, thanks

[Club Security]

Hello All,

Andrew, your reaction is normal, however, try to get all sides before you judge the club or the security.

As to "unprovoked", do you mean your friend was just standing there and some guy just walked up and jabbed him in the eye with a broken glass? There wasn't a fight your friend was trying to break up? There weren't words exchanged between the two? There wasn't anything that preceded the assault?

As to video, the club may or may not have video. There are no requirements for it. Also, even if they do have video, getting the assault on video in a crowded and dark club is almost impossible.

As to letting the alleged suspect go, the club has no duty to hold anyone involved in a fight or assault. If the club has had prior problems with law enforcement they will almost always let any combatants go so the cops don't have anything to go on. Also, how do you know he is "Unidentified?" Many times clubs will allow a regular to leave to avoid trouble for being to drunk and causing a fight.

Depending on the law in your area, you may or may not have legal recourse. Criminally speaking, your colleagues and the witnesses have no recourse, as they were not the victim. As to civil recourse, your friend and witnesses may have some recourse. In the states, nearly all have regulations that say something similar to if a business provides security they have a duty to make sure that the security is providing a safe environment for the patrons. Almost all states have that type of language.

I have to ask a couple of questions. First, did the police get called? Did your friend make a police report? These are very important if your friend wants to file charges if the suspect is ever found or identified.

Andrew, you wanted an objective opinion so I tried to give one. Remember, friends and friendly witnesses will always slant the story in favor of the victim who is a friend. Always. As a cop from a big city I have never seen it otherwise.

Good luck and I hope I didn't add to the confusion.

Robert
Nightclub Security Consultants

[Andrew]

Thank you, Robert. My colleague is pressing charges, he says that he bumped the other guy and that's all.

But you are right, I don't have all the facts and I certainly did not know the facts concerning video surveillance and detainment. I also do not know what was spoken nor do I know if/when the police were called.

The thought of clubs, pubs or bars having regulars with a known history of violence is troubling me.

We have no ID system in Australia other than proof-of-age cards. I believe the current government is going to introduce such a thing. Until then, people like the aggressor will keep shoving glasses in people faces and that's just plain wrong.

Your Club Security business skills wouldn't go astray over here, either. What annoys me is that Security is so under-rated and everybody thinks "she'll be right, mate" but that's living in a fool's paradise.

OK--I've had my whinge and I will keep you up to date on this.

[Andrew]

My colleague has left this matter with the police and will not take it any further. That same night his father won the national lottery!