Regrettably it is difficult to provide a detailed response to your enquiry due to advertising regulations enacted by the State Government which prevents lawyers from advertising certain services. A detailed response could be construed as advertising and the consequences for breaches of the regulations can be very serious. However, doing the best I can, I can advise that a person who has suffered, as a result of another's negligent or deliberate actions, can bring a claim for damages. The court would need to be satisfied that there was a duty of care owed and that there was a breach of that duty. Alternatively, should it be capable of proof that the actions were deliberate and unlawful then similarly a cause of action is available. As to security guards they are either employed directly by the club or subcontracted through a third party. Either way the club can be held vicariously liable for the actions of the security guard. In the event that the security guard is contracted to a third party then the proceedings would, in all likelihood, be brought as against that third party as well. Interesting arguments are often raised by defendants in these types of proceedings to assert that the actions of the security guard go outside the security guard’s scope of employment and in those circumstances the club and/or security company cannot be held liable for same. Such arguments put forward by defendants rarely, if ever, meet with any success. The fact of the matter is that these security guards are engaged by clubs and/or security companies for the purpose of “keeping the peace” so to speak. There are ways of lawfully doing so. Regrettably we often see unlawful means being utilised. This can either be by way of use of excessive force or, in some unfortunate cases, the wrong person entirely being identified by the security guards and being inappropriately dealt with. There is no need to await the finalisation of the police investigation. The police investigation however could assist in identifying the relevant facts and providing witness statements and the like which would assist in discerning exactly what occurred and whether a cause of action arises from same. The determination of the Police however is not definitive so far as ascertaining whether a cause of action is available. You should also be aware that there are strict time limits in place for the prosecution of these types of claims. It is three years from the date of the incident.
Brydens Lawyers have offices in Liverpool and Sydney. Contact us today to organise an appointment.15 January 2015