Public-facing businesses are under a clear legal duty to protect their personnel from the risk of assault by customers. In a case on point recently reviewed by Ayah Masri, a nightclub dancer who was viciously attacked by a client was awarded substantial compensation after a culpable delay in security staff coming to her aid.
She remonstrated with the client after he broke the club’s strict ‘no touching’ rule by slapping her on the buttock. He first tried to punch her before smashing a glass over her head, resulting in 2.5-centimetre wound to her forehead that required stitches. Security staff intervened but the police were not called and the client left the club without being identified.
After she launched proceedings against the club, the court found that she bore no responsibility for what happened. The client was 100 per cent to blame for the assault. Had security staff been constantly scanning the club for trouble, as they should have been, they would have witnessed the start of the altercation and intervened within a few seconds. Had that occurred, the assault would probably have been prevented. The dancer was awarded £12,000 in damages.
If you have suffered illness or injury because someone under a legal obligation to do so has neglected to exercise the level of care towards you, we can help.