The female claimant was in a gents’ cubicle with a female friend in the defendant’s pub. They had gone into the gents as there was a large queue at the ladies.
While she was in the cubicle, a loud banging noise was heard on the door and a man was heard to be shouting to them to come out. This frightened the claimant as she was not warned who this man was. It was a bouncer, who then proceeded to kick the door down resulting in the claimant suffering a cut to her right ear.
The defendant admitted vicarious liability for the actions of the doorman before trial but contended that adequate warnings had been given to her.
The Judge found he did not believe that any warnings were given to the claimant before the door was forcibly opened. The defence said this was done for the Claimant’s safety in that they believed she was in there with a male.
However, in witness evidence, they conceded that they knew there to be two females in there. The Judge found for the claimant on the basis that he found her evidence to be more honest and no doubt had she been warned then she would not have placed herself in danger.
The claimant won.
Job -v- Mitchells and Butlers PLC, 22 September 2006.