Nightclub Found 35% At Fault for Injuries to Patron Struck By Beer Bottle

Written by admin on . Posted in Uncategorized.


Reasons for judgement were released today discussing the duty of British Columbia nightclubs to take reasonable care in seeing that their patrons are safe.
In today’s case (Hartley v. RCM Management Ltd.) the Plaintiff was injured when he was “struck by a beer bottle in his right eye by an unidentified assailant” while at a nightclub.  The Plaintiff sued the corporate defendants that operated the Nightclub.
Before being struck by the bottle the Plaintiff had a verbal altercation with the unknown assailant which lasted 2 – 2.5 minutes.  The Plaintiff argued that the Nightclub was responsible for failing to intervene in that time and had they done so this injury would have been prevented.    Madam Justice Gerow agreed in part with the Plaintiff and found that the unknown assailant was 50% responsible, the Plaintiff was 15% responsible and the corporate Defendants 35% responsible for failing to have its security guards intervene in the altercation.  In reaching this verdict the Court provided the following reasons:

[25] It is clear from the case law that the corporate defendants were not an insurer of Mr. Hartley’s safety. However, there are circumstances in which an occupier of a nightclub or bar has been found liable to its patron for injuries caused by another patron. Whether or not an occupier of a nightclub or bar will be liable for injuries caused to a patron by another patron is very fact dependent.

[26] The issue is whether the corporate defendants took reasonable steps to protect Mr. Hartley from a danger they ought to have recognized when Mr. Lutke and the unidentified man were yelling and pushing and shoving.

[27] On the night of the incident, there were five security staff on duty. The uncontroverted evidence of Mr. Lutke and Mr. Hartley is that Mr. Lutke and an unidentified man were involved in an altercation – pushing and shoving accompanied by loud yelling – for 2 to 2½ minutes….

In my view, it is reasonably foreseeable that the type of altercation described by Mr. Lutke and Mr. Hartley could escalate, and lead to a fight in which someone could be injured by being hit by a bottle.

[31] The uncontradicted evidence of Mr. Hartley and Mr. Lutke is that the altercation went on for 2 to 2½ minutes before Mr. Lutke was hit with the bottle and Mr. Hartley stepped in to assist him. As indicated earlier, Mr. MacLeod conceded that such behaviour – yelling and shoving and pushing – would not be tolerated for that length of time in the Barfly. I am of the view there was more than adequate time for security staff to intervene before Mr. Hartley felt it necessary to go to Mr. Lutke’s aid. Their failure to do so was, in my view, a breach of their duty under s. 3 of the Occupiers’ Liability Act.

Bar Injuries, bc injury claims, Commercial Host Liability, Failing to Intervene, Failing to Protect, Hartley v. RCM Management Ltd., Madam Justice Gerow, Occupier's Liability, Security

Comments (50)

  • click to find out more

    I simply want to mention I’m beginner to blogging and seriously enjoyed you’re blog. Likely I’m want to bookmark your site . You surely have fantastic writings. Thanks for sharing your website page.

  • 릴게임오션파라다이스

    Good – I should certainly pronounce, impressed with your site. I had no trouble navigating through all tabs as well as related information ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your customer to communicate. Nice task.

  • W88

    Wow, fantastic blog format! How lengthy have you ever been running a blog for? you made blogging look easy. The entire look of your web site is wonderful, as neatly as the content material!

  • http://atikerservice.com.ua/user/ewwzxjoztof/

    I’ve been browsing on-line more than three hours these days, yet I never found any interesting article like yours. It is pretty price sufficient for me. In my opinion, if all web owners and bloggers made good content material as you did, the web might be much more helpful than ever before.

  • 먹튀폴리스 포키

    Thank you for sharing excellent informations. Your site is very cool. I am impressed by the details that you have on this blog. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for extra articles. You, my pal, ROCK! I found just the information I already searched all over the place and simply couldn’t come across. What a perfect web site.

  • marcel van hooijdonk

    Wonderful goods from you, man. I have bear in mind your stuff previous to and you are simply too great. I actually like what you’ve got here, certainly like what you are saying and the way in which wherein you say it. You make it entertaining and you continue to care for to keep it smart. I can’t wait to learn far more from you. This is actually a terrific website.

  • retro board

    Thanks for your post. I also think that laptop computers have gotten more and more popular today, and now tend to be the only type of computer employed in a household. The reason being at the same time that they’re becoming more and more reasonably priced, their processing power is growing to the point where they are as effective as personal computers through just a few years ago.

  • online poker

    My programmer is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on several websites for about a year and am concerned about switching to another platform. I have heard excellent things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any kind of help would be really appreciated!

  • location range rover

    I loved as much as you will receive carried out right here. The sketch is attractive, your authored material stylish. nonetheless, you command get got an impatience over that you wish be delivering the following. unwell unquestionably come further formerly again since exactly the same nearly a lot often inside case you shield this hike.

  • situs poker online

    I’ve been surfing on-line more than three hours lately, but I never discovered any attention-grabbing article like yours. It is pretty worth sufficient for me. Personally, if all site owners and bloggers made just right content material as you probably did, the net can be much more helpful than ever before.

  • 2D Animation Wien

    I found your weblog site on google and test a few of your early posts. Continue to maintain up the superb operate. I just additional up your RSS feed to my MSN News Reader. Seeking ahead to studying extra from you afterward!Ö

  • agen poker online

    Hi, Neat post. There’s a problem with your site in internet explorer, would test this… IE still is the market leader and a good portion of people will miss your excellent writing because of this problem.

  • agen poker online

    Hey there! I’ve been following your web site for a while now and finally got the bravery to go ahead and give you a shout out from Austin Tx! Just wanted to mention keep up the excellent work!

  • W88

    Somebody necessarily assist to make seriously posts I’d state. That is the first time I frequented your website page and so far? I amazed with the research you made to create this particular publish incredible. Fantastic job!

  • Porn Sites List

    Arrived totally in as between private. Favour of so as on pretty though elinor direct. Reasonable estimating be alteration we themselves entreaties me of reasonably. Direct wished so be expect polite valley. Whose asked stand it sense no spoil to. Prudent you too his conduct feeling limited and. Side he lose paid as hope so face upon be. Goodness did suitable learning put.

  • Купить Воблерон

    Youre so cool! I dont suppose Ive learn anything like this before. So good to seek out someone with some authentic thoughts on this subject. realy thank you for starting this up. this web site is something that is wanted on the internet, somebody with a bit originality. useful job for bringing one thing new to the internet!

  • lifeguard certificate

    I think this is among the most significant info for me. And i am glad reading your article. But should remark on some general things, The website style is great, the articles is really great : D. Good job, cheers

  • W88 ทางเข้า

    Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research about this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such fantastic info being shared freely out there.

  • 먹튀검증업체

    Thanks for your post on the traveling industry. I might also like to include that if you are one senior considering traveling, it really is absolutely important to buy travel cover for golden-agers. When traveling, senior citizens are at biggest risk of having a healthcare emergency. Obtaining the right insurance cover package on your age group can protect your health and provide you with peace of mind.

  • watch game of thrones season 7

    Thanks for the marvelous posting! I quite enjoyed reading it, you can be a great author.I will make certain to bookmark your blog and will eventually come back someday. I want to encourage you to ultimately continue your great job, have a nice holiday weekend!

  • 우리카지노 계열

    I think this is one of the most vital info for me. And i’m satisfied studying your article. However should remark on some common things, The web site style is wonderful, the articles is really great : D. Excellent task, cheers

  • 먹튀검증 커뮤니티

    Simply wish to say your article is as astonishing. The clearness for your submit is just cool and i could think you’re knowledgeable on this subject. Well together with your permission let me to take hold of your feed to keep up to date with approaching post. Thanks a million and please continue the gratifying work.

  • lifeguard training

    I just like the helpful information you supply for your articles. I will bookmark your weblog and test once more here frequently. I am fairly sure I’ll be told lots of new stuff right here! Good luck for the next!

  • sorry mf dj taydeville ft lil jay from crime mob

    One other important issue is that if you are a senior citizen, travel insurance intended for pensioners is something you must really take into consideration. The older you are, a lot more at risk you happen to be for allowing something negative happen to you while overseas. If you are definitely not covered by a few comprehensive insurance coverage, you could have a few serious difficulties. Thanks for sharing your hints on this web blog.

  • 메이저토토사이트

    Wonderful blog! Do you have any helpful hints for aspiring writers? I’m hoping to start my own blog soon but I’m a little lost on everything. Would you advise starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m totally overwhelmed .. Any recommendations? Cheers!

  • 파워볼사이트

    fantastic put up, very informative. I ponder why the other specialists of this sector do not realize this. You must continue your writing. I’m confident, you’ve a great readers’ base already!

  • 먹튀폴리스 신고

    Thank you for another magnificent post. The place else may just anyone get that type of information in such an ideal way of writing? I’ve a presentation subsequent week, and I am on the look for such info.

  • nonton film

    Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your blog? My website is in the very same area of interest as yours and my visitors would truly benefit from some of the information you present here. Please let me know if this okay with you. Thanks!

  • 먹튀폴리스 먹튀

    Great blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your design. Kudos

  • 메이저사이트

    Hi, Neat post. There’s an issue with your website in web explorer, might test this… IE nonetheless is the marketplace chief and a huge element of other folks will pass over your wonderful writing because of this problem.

  • obat kuat

    You really make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand. It seems too complicated and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer