What Happened to Shane
Shane went out for a night in Galway city centre on a Saturday evening. It was meant to be a good night with friends at a busy nightclub on the main strip. The place was packed, as it usually is on weekends, with good music and a lively crowd. Shane was having a drink at the bar, minding his own business, when a stranger standing nearby started making comments and acting aggressively towards him and his friends.
At first, Shane tried to ignore it. He wasn't looking for trouble and didn't want the night to be ruined. But the other man kept pushing it — getting closer, being loud, and clearly spoiling for a fight. Shane noticed security staff at various points around the venue, but none of them stepped in, even though the situation was clearly escalating. Other customers around Shane could see what was happening too. The tension was building.
Within minutes, the man threw the first punch. It caught Shane on the side of the head, hard enough to stagger him. What followed was a brief but brutal scuffle, with the man landing several more blows before someone pulled them apart. By that point, Shane had a cut above his eye, a badly bruised jaw, and a throbbing headache that wouldn't go away. The nightclub's security staff finally showed up, but only after the violence was over. They asked if Shane wanted to call the police, but by then the other man had disappeared into the crowd.
Shane went to A&E that night. The doctor said he had a mild concussion and soft tissue damage to his neck and shoulder. He was signed off work for a week, and the headaches and neck pain lasted for several months. More than the physical pain, though, Shane found himself anxious about going out. He kept thinking about that night, replaying it in his head, and feeling nervous in crowded places. He ended up seeing a counsellor to work through it.
Six months later, when the physical injuries had mostly healed but the memory was still fresh, Shane decided to get legal advice. He learned that the nightclub had a duty of care to its customers — and that security staff should have stepped in when they saw the situation escalating. A solicitor reviewed CCTV footage from the venue, which showed clearly that security had been aware of the tension but hadn't acted. The venue's insurance company eventually accepted liability, and Shane settled his claim out of court for a five-figure sum that covered his medical costs, lost wages, and pain and suffering.
What the Law Says About Assault in Ireland
Your Right to Compensation
In Ireland, if you are assaulted — whether that's a punch, a kick, or any intentional use of force against you without your consent — you have the legal right to take a civil claim for compensation. This is separate from any criminal case that might happen.
The venue or business where the assault takes place can be held legally liable if they failed in their duty of care. This means: they should have had adequate security, staff should have been trained to spot and defuse tension, and they should have acted to prevent violence when they saw the risk.
In Shane's case, the nightclub's own CCTV and witness statements showed that security staff were present and aware of the escalating situation. By doing nothing, they breached their duty to keep their customers safe. That breach, combined with the assault that followed, made the venue liable.
Two Ways to Claim
1. Civil Claim against the person who assaulted you: You can sue the person directly. However, many assault victims have limited means, so this isn't always practical.
2. Civil Claim against the venue (if relevant): If the assault happened in a bar, nightclub, restaurant, shop, or other business, you can claim against the business itself. This is often more worthwhile because businesses carry liability insurance. The venue can be held responsible if their security was inadequate or their staff failed to act.
3. Criminal Injuries Compensation Tribunal: If there's been a criminal conviction for the assault, or in certain circumstances even without one, you can also apply to the Criminal Injuries Compensation Tribunal. This is a state scheme that compensates victims of violent crime.
What Compensation Covers
Shane's Settlement Breakdown
Shane's compensation covered four main areas:
- Medical expenses: €2,800 for A&E, GP visits, and physiotherapy
- Lost wages: €3,200 for the week he couldn't work while recovering
- Pain and suffering (physical): €12,000 for the cuts, bruises, concussion, and neck/shoulder damage
- Pain and suffering (psychological): €20,500 for the anxiety, trauma, and counselling needed to recover from the assault and get back to normal life
Sound familiar?
You may have a case too.
Tell Sarah what happened. She will explain your options and match you with the right solicitor in your county — completely free, no obligation.