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Assault by Bouncer. Is pub responsible?

Could you please ask Brian about being assaulted by bouncers in the pub and are their employers liable?

If you are assaulted by anybody in the course of that person’s duty then their employer is liable.   This is called “vicarious liability” in the same way as if you are driving a car, not belonging to you but with the owner’s consent – the owner and their insurance company are responsible under vicarious liability rules if there is a crash and it's your fault. 

When you accuse a bouncer of assaulting you however you will probably get the response that you deserved it (self defence etc) so it is going to come down to what your injuries are, what witnesses will say and if there is any CCTV evidence available.

Your first action should be to make a formal criminal complaint to the Gardai about the assault.  If they bring charges against the bouncer then there will be a criminal hearing and you or your Solicitor can take notes on what the evidence is for a possible civil case. This is called "a Watching Brief"

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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