Legal Duty To Protect Club Patrons

In a January 2009 decision, the NSW Court of Appeal examined the duty owed by licensees/occupiers and security guards to protect patrons from the risk of further assault when they have been ejected following an altercation.

Whilst at the Rooty Hill RSL Club, Mr Karimi was the innocent victim of an unprovoked assault by Mr Smith inside the Club. The Club's policy was to eject all participants in such incidents, regardless of blame.

Smith, who was intoxicated, was ejected first. The security guards escorted Smith and his girlfriend out of the Club's eastern exit. Initially, Smith was agitated and aggressive. Guards stayed outside with Smith and his girlfriend for ten minutes until Smith had calmed down. Smith and his girlfriend agreed that they would go home. The guards watched them drive out of the eastern carpark.