Key Points:

• Entertainment venues have a duty of care towards those visiting their premises. 
• Family members of an individual who witness or are physically or psychologically affected by an incident of negligence may also claim damages.

Summary:

Carbone Lawyers has secured a major settlement for a man who was assaulted at an entertainment venue by other patrons. The establishment was shown to have failed in its duty of care to ensure the safety of patrons.

Case Details:

Entertainment venues like clubs, restaurants, amusement centres and concert halls have a duty of care towards those visiting their premises. They must have procedures and safeguards in place to ensure the safety of all. On this occasion, the venue failed.

Our client was a young man on a night out with his partner and other family members. The group arrived at a city entertainment venue and were enjoying a drink and the music when there was an argument with some other patrons at the venue. Things quickly escalated into a physical altercation, and our client suffered injuries to an eye. He would subsequently lose sight in that eye.

In the statement of claim, Carbone Lawyers asserted that despite several security guards on duty, the venue management failed to take adequate action to stop the assault from occurring, and other venue staff failed to take appropriate action.

The violent assault was witnessed by the man’s partner and the other family members, who were all traumatised by the incident.

Carbone Lawyers represented the injured man and his family and entered into mediation with the venue operators.

Outcome:

The total settlement was for more than $1M, with approximately three-quarters of the sum awarded to the main plaintiff for the pain and suffering of losing his eye. Other amounts ranging from $100K to $30K were paid to other family members to compensate for the nervous shock of witnessing the brutal assault.

*Details of the matter have been omitted or altered to protect the identity of the parties involved.