For potential claims arising out of an assault by another patron, the assailant can be sued individually or, in some cases, Hotel Injury Claims for criminal compensation can be made.

Because of the limited scope of recovery in those types of claims, it is prudent also to consider other avenues of compensation.

In some cases, it may be possible to proceed against either the venue itself or the security company if security management is contracted to a separate organisation, for example, if the hotel or security firm unreasonably failed to prevent the particular assault from occurring.

For such Hotel Injury Claims to succeed it must usually be shown that one of the following occurred:

• The relative numbers and distribution of security personnel compared to the number of patrons on the premises were inadequate.
• The period during which the altercation had been built before the assault occurred was of sufficient duration that a flexible system of surveillance would have detected and prevented the assault. (An hotel is not liable for an assault which occurs without any warning whatsoever).
• The assailant was previously unruly, violent or exhibiting signs of intoxication such that a reasonable system of management would have ensured that he or she was ejected from the premises before the assault.

If you are not sure if your compensation claim is worthwhile, contact our Public Liability Lawyers, that specialise in Hotel Injury Claims.

We will help also assess your needs and eligibility for our no-win no-fee service.

Compensation may be available for this type of injury by way of a lawsuit against the assailant or illegal settlement in some cases.

Because of the limited scope of recovery in those claims, it is prudent also to consider other avenues of compensation.

The success of a civil Hotel Injury Claims against the venue or the security firm depends on whether the act which caused the injury with it was within the scope of the authority of the employee who performed it.

An employer hotel or security firm will usually not be liable if one of its personnel is acting entirely outside the scope of his or her duties on a frolic of his or her own.

An exception to this may arise where the employer has been insufficiently diligent in screening the history of a violent employee who causes the injury.

The criminal defences of provocation and self-defence are also available in civil lawsuits. These defences can not be relied on where the extent of force used by the security personnel was unreasonable.

Often video records of events which occur on entertainment venues exist. It is prudent to promptly notify the place after an assault occurs and require it to preserve the video records so that they are available for any subsequent court hearing or police investigation.

As in the case of all assaults, those which occur at entertainment venues should be reported to the police promptly, and medical attention should be obtained to record the extent of injuries.

It is recommended to speak to Public Liability Lawyers to discuss how to take the best course of action regarding Hotel Injury Claims.

It all depends on the success of your Hotel Injury Claims, which will depend on the quality of your evidence and the case you make when you make Hotel Injury Claims.

Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their life.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

• extent of duty owed;
• breach of duty;
• pre-existing health prior to the accident;
• pre-accident lifestyle;
• injury complained of has been caused by that breach.

The amount of compensation also is determined by the following:

• General damages (loss of enjoyment in life due to suffering);
• Out-of-pocket expenses (medical bills, rehabilitation costs);
• Any loss of income and superannuation contributions;
• Potential medical or personal care costs that is likely to occur due to the injury; and
• The interest from the loss of earnings.

Don’t delay in getting in touch with our Public Liability Lawyers regarding Hotel Injury Claims. Carter Capner Law is here to help you with your claims.

Every situation is different. In Hotel Injury Claims, we need to carefully consider:

• how the accident occurred;
• whether any element of the design or construction fell below reasonably acceptable standards;
• for how long was the staff aware of the potential danger; and many other things.

It is crucial that you:

• Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately, so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced public liability lawyer who specialises in Hotel Injury Claims can make the process easier, more efficient and more likely successful for you.

To assist your lawyer with the investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records.
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes.

Speak to our Public Liability Lawyers that specialise in Hotel Injury Claims to see what available options you are entitled to.

It is essential to always speak to an expert compensation lawyer about Hotel Injury Claims. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ service in many cases.