PUBLICANS have a duty to protect their customers from assault a Circuit Court judge ruled yesterday.
At Wexford Circuit Court Judge Dominic Lynch awarded £10,500 to a New Ross man who was viciously assaulted while having a late night drink in a local pub.
The award was made against Mr Sean Wickham, owner of the Hillview Bar in New Ross, who allegedly stood by while Mr Peter Freaney was beaten in an unprovoked attack by two members of the travelling community.
Mr Freaney was assaulted as he sat finishing a pint in the company of another man at about 1 a.m. on December 23rd, 1992.
He was knocked off a bar stool and repeatedly punched and kicked in the head and body until he was unconscious.
He lost a number of teeth and suffered severe bruising and laceration.
The perpetrators of the attack were subsequently convicted of charges in New Ross District Court.
Yesterday, Mr Freaney successfully sued the publican, who, he said, had been standing directly in front of him at the bar when the two men approached and shouted an insult at him.
The publican did not make any attempt to intervene or stop the assault, he said.
Mr Wickham told the court that he regretted the injuries to Mr Freaney but that everything had happened so quickly he did not have time to intervene.
Under cross examination by Ms Deirdre Murphy BL, for the plaintiff, he admitted that he would have been afraid of the two men because he knew them to be violent, although they had never done anything to him.
Judge Lynch said Mr Wickham should have taken some measure to protect Mr Freaney, who was "an invitee" on his premises, and it was clear he did not do that. He awarded Mr Freaney £10,500 with £320 special damages.