Court ruling backs pubs and doorstaff

A legal ruling confirms that operators and doorstaff are not liable for everything that happens at the entrance or inside pubs or clubs, a lawyer claims.

Lee Crosby pursued compensation against doorstaff firm Regency Security Services after he was assaulted in the Hippodrome in Colchester, Essex.

Crosby said doorstaff were "vicariously liable"​ for the attack because they should not have let the assailant inside after an altercation at the door.

But Judge Yelton confirmed previous rulings that a defendant is not under an affirmative duty to prevent the deliberate wrong-doing of another.

Whilst a comfort to door staff, their employers and club operators, the decision emphasises the need for staff to be vigilant​Peter Foreshaw, partner at law firm Weightmans.

The only exception would be if it was "foreseeable and highly probable"​ that this would happen.

Yelton ruled at Colchester County Court that in these circumstances an assault was not foreseeable.

The ruling follows decisions that operators could be held vicariously liable for door supervisors' actions.

Peter Foreshaw, partner at law firm Weightmans, said: "Whilst a comfort to door staff, their employers and club operators, the decision emphasises the need for staff to be vigilant and to be appropriately trained to identify and dispel potential difficulties if entry is to be permitted."​

If you are a registered user​ please click on the 'Post a new comment' link below to talk about this story and others in our discussion forums.​

If you are not a registered user, click on the same button and follow the links to register for free.