D
dexter
Guest
hello
just a quick question
in a licensed premises, a bar for example.
if an off duty bar manager was drinking in the bar in which he worked, and he decided to eject another person from the premises. In doing so, the other person in question retaliated as he was being shoved out the door hitting the slightly inebriated barman causing him some harm, 3-4 stitches above the eye. The person being ejected was leaving voluntarily, he wasn't happy at being refused service but none the less was still leaving without having to be shoved or manhandled.
Would the owner of such a premises be liable for the injury to the off duty barmanager, even though he would effectively have started the fight himself?
The bar manager waited until he had ceased working there (left on bad terms with the owner but of his own accord) and left it almost a year to initiate legal proceedings. At the time of the incident the owner insisted on taking the barman to hospital himself, offered him time off work etc in good faith, the reply to all queries about the injury received and genuine concern at the time was, "i'm fine","don't worry about me" and "it's no problem". However since legal proceeding were initiated, there are numerous medical reports sighting problems with headaches, dizziness, vision etc all starting from roughly when the proceedings were started.
My understanding is that the off duty bar manger would have to prove the negligence of the owner in order to sue successfully, am i correct or do i misunderstand?
many thanks
just a quick question
in a licensed premises, a bar for example.
if an off duty bar manager was drinking in the bar in which he worked, and he decided to eject another person from the premises. In doing so, the other person in question retaliated as he was being shoved out the door hitting the slightly inebriated barman causing him some harm, 3-4 stitches above the eye. The person being ejected was leaving voluntarily, he wasn't happy at being refused service but none the less was still leaving without having to be shoved or manhandled.
Would the owner of such a premises be liable for the injury to the off duty barmanager, even though he would effectively have started the fight himself?
The bar manager waited until he had ceased working there (left on bad terms with the owner but of his own accord) and left it almost a year to initiate legal proceedings. At the time of the incident the owner insisted on taking the barman to hospital himself, offered him time off work etc in good faith, the reply to all queries about the injury received and genuine concern at the time was, "i'm fine","don't worry about me" and "it's no problem". However since legal proceeding were initiated, there are numerous medical reports sighting problems with headaches, dizziness, vision etc all starting from roughly when the proceedings were started.
My understanding is that the off duty bar manger would have to prove the negligence of the owner in order to sue successfully, am i correct or do i misunderstand?
many thanks