Liability Risk and Insurance
No “free standing” duty
In the course of being ejected from the nightclub by a doorman, the claimant sustained severe head injuries. At the liability
hearing it was accepted that the doorman had acted negligently in the course of employment and that he was not an employee
of the nightclub. It was also agreed that the nightclub did not owe the claimant or members of the public a non-delegable
duty to ensure their reasonable safety.