Settlement Obtained for Employee Attacked at Subway

Dean Wilson have successfully obtained a settlement on behalf of an employee who was attacked during a night shift at Subway.

The Accident 

The Claimant was working a night shift with a senior colleague at a Subway located in a busy area of central Brighton. At approximately 4:30am, the restaurant had finished serving customers and was due to close.

The Defendant’s closing procedure required the front door of the restaurant to be locked after which staff could begin to clean the premises.

It was the Claimant’s colleague’s responsibility to lock the door as the Claimant was new and had not been trained on this.

The door was usually locked using a key however on the night of the accident it transpired that a colleague from an earlier shift had inadvertently taken this home. There was no spare key and so the door was unable to be locked using a key.

The door did have a latch locking mechanism however this was faulty and had not been repaired despite it having been reported to the manager a month prior. The door therefore remained unlocked.

While the Claimant and his colleague attempted to call their colleague who had the key, three drunken customers had entered the premises trying to steal drinks from a fridge. One began to throw bottles towards the Claimant and his colleague.

The Claimant was concerned one of the customers was going to try to steal money from the till and so he walked towards the till and asked the customer to leave. The customer turned to the Claimant and punched him in the jaw.

As a result of the assault, the Claimant suffered facial injuries and PTSD.

The Case

The Claimant’s position was that the employer was negligent for, broadly, failing to ensure there was a spare key to the lock the door, failing to repair the faulty latch and failing to train its staff on what to do in the event the door could not be locked at closing time. Had this been done, the Claimant would not have been injured.

Subway denied liability and so proceedings were issued. 

The Result 

Despite maintaining a denial of liability in their Defence, Subway made a Part 36 offer in full and final settlement of the claim which the Claimant accepted.

The Claimant was represented by Natasha Gunn and Jasmine Cattigan of Dean Wilson and assisted by counsel, Holly Tibbitts of Deka Chambers.

Get in contact with our personal injury team at Dean Wilson LLP

If you or someone you know has been involved in a personal injury case, get in touch with our personal injury team who will be able to help you. Contact us on 01273 249 200 .