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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 823
Experience:  Solicitor with over 15 years experience.
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I own 2 flats, one tenanted, above a bistro. 6 weeks ago, staff

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I own 2 flats, one tenanted, above a bistro. 6 weeks ago, staff were having a party after work, and at 2.30am my tenant went down to ask them to turn down the music. While talking to one member of staff, another very drunk staff member charged at him pushing him to the floor. My tenant couldn't get up and a paramedic was called. The police also attended. My tenant's leg was broken, and he's had a steel rod inserted in his leg, and 3 pins, and will only be able to work again in another 3 weeks. He's lost thousands of �s in wages (he's the head chef at a restaurant) and is now considering whether he wants to live at my flat any longer. The staff member has been sacked. Can the tenant sue the bistro owners for loss of earnings and the trauma to mind and body caused by this attack? And if I lose my tenant because of the attack can I be compensated? I'm not sure if the party was held with the owners' permission, but the attack was on their premises.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.He might be able to sue the Bistro owners but it will not be straight forward. Vicarious liability applies to damage caused in the course of employment. This might apply here but there are obvious counter arguments, even if the party was with permission. He might be able to get compensation personally from the assaulter, or if he is convicted then he could get some compensation in the criminal courts. He might be able to get compensation from the CICA if there has been a conviction. This injury does not give him the right to terminate the tenancy. You are entitled to your rent until the end of the tenancy (He can claim HB if he has sufficiently low income and savings and he could have taken out injury insurance). If you choose to let him go early you will not be entitled to any compensation because you will have voluntarily waived your rights.
Customer: replied 2 years ago.
Hello, thanks for answer. My tenant wasn't employed by the bistro, he's head chef at a city restaurant, how would Vicarious Liability be relevant? Wouldn't the owners' Public Liability insurance be relevant? Could you explain what are the obvious counter arguments? The assaulter was an Italian, who's now been sacked, could be anywhere. I don't know what the police recorded in the way of names and witnesses, would it help to find out? Could one ask the police to start a Crown Prosecution of the attacker? It seems to me that the owners were not being responsible by letting their premises be used for an after-hours party. How could someone be so badly hurt and no-one is charged or responsible?
Customer: replied 2 years ago.
I would appreciate if you could go through my response and answer my points one by one.Thank you
1 Vicarious liability could apply of he attacker was engaged in the course of his employment at the time. If his employment hours include very late nights he might be "at work". The obvious counter argument is that he was not doing something hie employers wanted him to do. 2 Liability insurance? may be, but this would not be suing as such. It would depend entirely on the terms of the insurance. It is doubtful if it would cover an assault at a drink fuelled after hours party. 3 The criminal investigation. It is not clear what the police involvement is. Is there a Crime reference number? If so the victim could make enquiries. Did he make a statement to the police about the assault. A broken leg is GBH, a serious matter and the police would usually be interested in this. Has he helped the police at all himself? 4 I cannot tell from what you have given me why no one has been arrested or charged or even if the police are looking fro the man. Your tenant sod have some idea though. 5 Your contractual rights are unaffected by this accident.
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