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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10945
Experience:  Barrister 17 years experience
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Does my husband hav. A case 2 sue d pub never any security

Customer Question

Does my husband hav. A case 2 sue d pub never any security in this bar & publican & staff done nothing to stop the fight
Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. It is a question of fact whether there was negligence on the part of the pub in the circumstances which lead to the fight. In order that the pub will be taken in law to have needed security, there must have been some history of there being fights previously in the pub. Secondly, there is no onus on ordinary bar staff to stop a fight which is going on in a pub between two patrons, especially where one of them, your husband, armed himself with a glass thereby risking injury to others. At this stage I would advise you to speak to a local solicitor to see if they would be willing to take on the case for you in the courts. My own opinion is that your husband will not win because he armed himself with a glass in the row. However, a local solicitor with knowledge of the attitude of the judge towards fighting in pubs and with knowledge of the pub and its practices may have a better opinion. But, in general, one potential plaintiffs have been active participants in the row themselves, they never win against the pub before a judge, as this colours the judge's opinion. Your husband would have a good chance against the person who racially abused him and caused him injury. But it is unlikely he will succeed against the pub.

Buachaill :

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