The short answer is: Yes. Licensed venues can be held legally responsible when customers are injured in bar fights or assaults. Under Queensland law, bars, pubs and nightclubs must take reasonable steps to prevent foreseeable harm, including controlling violent behaviour and managing how much alcohol someone is served.
This means that you might even be awarded compensation if you were the victim of an assault that was perpetrated by another customer. This all links with the ‘duty of care’ that licensed venues have towards those who frequent their establishment.
This guide looks into:
- When venues can be held liable
- In what circumstances might you be entitled to compensation
- What evidence is needed to prove negligence
- How to seek compensation
Let’s take a look.
Understanding Venue Liability
When is a venue legally responsible?
A licensed venue becomes legally responsible when its negligence contributes to an assault. Owners have a duty of care to keep people safe, which includes managing alcohol service and preventing violent, quarrelsome or disorderly behaviour. They are expected to take reasonable steps to stop foreseeable harm, not just react after an incident has already occurred.
What legal duty do venues owe customers?
While there’s a lot of legislation surrounding obtaining a liquor licence in Queensland, it’s the Liquor Act 1992 that ‘requires you to provide a safe environment for patrons and staff in and around the venue’.
It’s true, the Work Health and Safety Act 2011 mainly focuses on workers, but it explicitly states that a business must ensure the safety of anyone else who enters the premises or is affected by the business's activities.
Examples of venue negligence include:
- Overserving alcohol to visibly intoxicated patrons
- Inadequate security for the venue size, attendees, or risk level
- Ignoring warning signs like escalating disputes or threatening conduct
- Failing to remove problem customers despite staff or other patrons raising concerns
Your Rights and Your Obligations
Let’s look briefly at what your entitlements are and what you need to do if you find yourself the victim of an assault at a bar or club:
What you're entitled to:
- Medical expenses related to the injury
- Ongoing treatment and rehabilitation costs
- Compensation for pain and suffering
- Lost wages during recovery
- Compensation for reduced future earning capacity
Despite what venue owners might tell you, you can have access to:
- Venue incident reports
- CCTV footage
- Relevant staff records that may assist your case
What you must do as a victim of an assault:
- Report the incident to venue management immediately
- Request CCTV footage (do this as early as possible; venues should retain footage for a minimum of 28 days)
- Seek a medical assessment within 48 hours
- Consult a personal injury lawyer within 30 days
- Lodge a formal claim within 3 years (Limitation of Actions Act 1974)
Common Scenarios
Does overserving alcohol make a venue responsible for an assault?
Yes. By not imposing restrictions on someone who poses a risk to others breaches the venue's duty of care under Queensland's Responsible Service of Alcohol obligations.
What to do:
- Document specific signs of intoxication (slurred speech, stumbling, aggression)
- Identify staff members who served or witnessed the intoxicated person
- Ask your lawyers to obtain records of what drinks were served
Important: Even if you were drinking alcohol, this doesn't automatically prevent your claim. Courts throughout Queensland regularly award compensation to intoxicated plaintiffs when the primary cause was the venue’s negligence.
Can a venue be held liable for not having enough security guards?
Absolutely. Queensland venues operating at night must follow certain ratios of security to customers (1 security officer per 100 patrons). Inadequate security staffing is strong evidence of negligence, as it shows a RAMP (Risk-Assessed Management Plan) was not correctly implemented.
What to do:
- Document the approximate number of patrons and security staff
- Note where the security staff were positioned at the time of the assault
- Ask your lawyer to obtain the venue's approved security plan
Important: If the venue has a history of breaching its liquor licence or has witnessed violent events in the past, this can significantly strengthen your claim.
Can I still make a claim if security staff were present but did not intervene?
Yes, security staff failing to intervene in escalating disputes can be considered negligent on the part of the venue. After all, the venue is responsible for the security staff's actions and inaction (known as Vicarious Liability).
What to do:
- Document where security personnel were positioned and whether they had a clear line of sight
- Record how long the violence continued before the intervention
- Gather witness statements confirming security presence, but failure to act
Important: The venue's duty of care includes deploying security effectively throughout the premises, not just at entry points.
Can a venue be held liable for an assault by someone who was previously ejected?
Yes, re-admitting someone who was previously ejected for disorderly behaviour demonstrates failure to control violent conduct on licensed premises.
What to do:
- Document when they were ejected, re-admitted, and when the assault occurred
- Identify which staff member made the decision to let that individual reenter
- An incident register can be obtained by your lawyer
Important: Venues must maintain incident logs under Queensland licensing requirements. Missing records strengthen claims of poor management and can help your case.
Can I still make a claim if the venue says I contributed to the fight?
Yes, contributory negligence may reduce but doesn't eliminate compensation if the defendant's negligence was the primary cause.
What to do:
- Obtain CCTV footage and witness statements
- Focus evidence on specific venue failures (overserving, inadequate security)
- Have a lawyer review all evidence to determine how blame is likely to be apportioned
Important: Courts in Queensland must apportion blame based on the evidence that is provided. For this reason, collecting this early on is paramount.
Can I claim if the assault happened in the smoking area or near the entrance?
Yes, the venue's duty extends to all areas under their control, including smoking areas, beer gardens, queuing areas, and other areas surrounding the venue where people congregate.
What to do:
- Take note of how the venue is set up, including seating, lighting, signs and security.
- Ask your lawyer to obtain the licensed premises plan
- Determine whether security monitored the area where you were assaulted
Important: Claims generally only fail once patrons have fully left the venue’s property, as the venue’s duty of care usually ends at that point.
Making a Claim: A Step-by-Step Guide
- Secure medical attention within 48 hours. Request copies of all records and photograph injuries from multiple angles.
- Report and preserve evidence immediately. Submit a written incident report, request that CCTV be preserved in writing, obtain the police report number, and gather contact details for any witnesses.
- Avoid discussing with venue insurers without legal representation. Don't provide recorded statements or sign documents.
- Consult a specialised lawyer within 30 days to assess claim viability and issue preservation notices before evidence is destroyed.
- Complete the medical assessment arranged by your lawyer to document physical injuries, psychological impact, and prognosis.
- Allow time for the investigation of venue negligence through licensing records, incident reports, security plans, and service records.
- Submit a formal claim with supporting evidence, medical reports, and legal submissions.
- Negotiate or proceed to court. Most claims are resolved through negotiation without going to court, but court proceedings can be started if a settlement cannot be reached.
Key documents needed:
- Medical records and invoices
- Venue incident report and police report
- Employment records showing lost earnings
- Witness names and contact details
Legal Framework
The Civil Liability Act 2003 (Qld) governs public liability claims and establishes occupiers' duty of care. The Liquor Act 1992 (Qld) imposes additional obligations to maintain order and refuse service to intoxicated patrons.
What this means:
- Venues must take reasonable precautions
- A three-year limitation period applies to submit your claim (though earlier action preserves evidence)
- Contributory negligence reduces but doesn't eliminate claims
- Venues frequently breaching statutory licensing obligations strengthen negligence claims significantly
Red Flags: When to Act Immediately
- The venue requests that you sign documents releasing them from liability
- CCTV footage requests are denied or delayed beyond 48 hours
- Serious injuries require ongoing treatment or prevent you from working
- The venue contacts you repeatedly with settlement offers
- Witness details weren't collected, and you're approaching the 30-day point
Common mistakes to avoid:
- Delaying medical assessment (creates evidence gaps)
- Accepting early settlement offers without legal assessment (typically 60-80% below fair value)
- Posting on social media about the incident or recovery
- Failing to preserve CCTV evidence within 24 hours
When to Seek Legal Advice
Get advice early if:
- Your injuries required hospitalisation or emergency treatment
- Venue negligence was obvious (documented overserving, inadequate security)
- You've suffered psychological trauma requiring ongoing treatment
- Your ability to work is affected temporarily or permanently
- The venue has denied responsibility or gone as far as to blame you
- You're unsure about how contributory negligence works
Why early advice matters:
- Understand your full rights and compensation prospects
- Access rehabilitation services through providers accepting settlement payments
- Avoid mistakes like recorded statements or low compensation offers
- Ability to preserve critical evidence
Key Takeaways
- Licensed venues have an enhanced duty of care to prevent foreseeable violence through serving alcohol responsibly, providing adequate security, and intervening should threats to your safety arise.
- Venue negligence often involves multiple failures, like overserving combined with lax security.
- Your intoxication doesn't prevent compensation if venue negligence was the main cause
- Critical evidence disappears quickly, CCTV is deleted after 30 days, and witnesses become untraceable
- Free legal advice protects your interests through No Win No Fee arrangements.
Get Help Now
Get Legal Advice Now
If you’ve been injured in a bar fight or nightclub assault and believe the venue failed to keep patrons safe, getting advice early can protect your rights and help preserve critical evidence like CCTV footage and incident reports.
Contact Smith’s Lawyers today for a confidential, obligation-free consultation.
- Call 1800 960 482 to speak with our public liability team
- No upfront costs with our No Win, No Fee, No Catch® Promise
- Request a call back using the form below and we’ll respond within 24 hours
Early legal guidance can help you understand where you stand and what steps are available under Queensland law.
