Who do I sue?

[TommyKnocker]

So I'm in a pub and as I'm the designated driver I've not been drinking.

A customer leaves his bag in a silly place where any reasonable person would have known it would be a trip hazard.

I trip over the bag and take a tumble.

Now the customer gets up and apologises to me for leaving the bag in a silly place. I accept his apology and go about my business.

However, if I had been injured or if I had been a litigious person, who would I sue? The customer? The pub owners? Both?

I'm not suing anyone by the way. I'm just curious.

[atticus]

Why Do you start your posts with "So"?

You sue the person who owed you a duty of care, and had failed (so you claim) to discharge that duty.

[TommyKnocker]

Why Do you start your posts with "So"?

I hadn't noticed. I presume it's because that's how I talk.

You sue the person who owed you a duty of care, and had failed (so you claim) to discharge that duty.

In a public bar, does anyone owe me a duty of care to the point where they could be held responsible for someone leaving their bag in a silly place?

[atticus]

The person who put his/her bag there?

The person who failed to spot it?

[JoeDaFone]

If you were tripped an injured you'd either have to prove that the bar operators had been negligent or that the owner of the bag had been negligent (and that you could trace them. and that they had deep enough pockets to pay for the matter).

In an environment such as a bar the defence would no doubt try to argue contributory negligence, no doubt through alcohol consumption or some other route, that it would probably be a hell of a fight.

[Slartibartfast]

I think you should sue your own friends, TK. It is clear that they have engaged you to to carry out a service for them, so arguably you are an employee for that purpose, and thus they have responsibilities to ensure that your workplace is safe.

Were you given induction training, did they carry out even a cursory site check before asking you to enter the pub? Was a statutory poster displayed giving details of H&S? My blood boils when I hear of such negligence - sue them for every penny they've got!

[TommyKnocker]

Good advice there Slarti, the only problem I foresee is that I actually offered my services, they didn't ask. Therefore, my pals did not owe me any duty of care that I can identify.