Wetherspoon not responsible for harm to man restrained by security, judge rules

JD Wetherspoon was not responsible for injuries sustained by a man whose hip was dislocated when two security guards restrained him at Surrey pub, a High Court judge has ruled. A hearing in

March was told that Stephanus Bernardus Burger required a three-night stay in hospital after the injury at The Rodboro Buildings in Guildford, on the night of August 4 2018, which required

emergency corrective surgery. On September 20 2023, a Central London County Court judge awarded Mr Burger £71,308.67 in damages after finding that JD Wetherspoon (JDW) was vicariously liable

despite the security guards being employed by a different company, Risk Solutions BG Limited. JDW challenged the decision at the High Court, telling a judge that it could not be vicariously

liable, while Mr Burger opposed the appeal. In a ruling on Wednesday, May 21 Mr Justice Sweeting allowed the appeal, stating that the original judge "erred in finding JDW vicariously

liable for the actions of the door staff". He said: "Many businesses engaging independent security firms could be expected to specify requirements regarding attire and hours of

work and might reserve the right to request the removal or replacement of specific personnel for good reason, as was the case here. "The fact that security is integral to the operation

of a pub or that the security staff have to co-operate with other staff does not transform the relationship with an external security provider into one akin to employment; it simply explains

why the service is required and how (it is) necessarily to be provided." The judge did not state whether or not JDW would have to pay damages as a result of his ruling. Johnathan

Payne, for JDW, told the appeal hearing in London in written submissions that Mr Burger had attended the pub in Bridge Street with two friends on the night of the incident but was refused

entry. He said the judge at Central London County Court found Mr Burger was walking away from the pub when one of the security guards jumped towards him with his knee or leg, connecting with

his back and causing him to land face down. Mr Payne said the judge found it was "an unprovoked and cowardly attack on a man walking away from the pub", which was "a vendetta

for Mr Burger's rude and insulting behaviour". But he told the court that JDW and Risk Solutions are "totally separate businesses and operating in that capacity", and

that the former "had no control and took no part in what happened". Lia Moses, for Mr Burger, said in her written submissions that the door staff "engaged with and refused

entry to Mr Burger" during the incident, with the judge finding "that two guards jumped on Mr Burger's back". One later said to him, "You're not so ******* big,

are you now?", she added. She said that JDW was "jointly vicariously liable" and that the security guards' relationship with the company was "akin to

employment". Risk Solutions was not represented at the hearing. JOIN OUR NEW WHATSAPP COMMUNITY! CLICK THIS LINK TO RECEIVE YOUR DAILY DOSE OF SURREYLIVE CONTENT. WE ALSO TREAT OUR

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