We have all read about it or seen stories on television before, someone goes into a bar, drinks too much, (since the bar has overserved them alcohol because they place profits over the safety of people), and starts a fight with another patron or employee. The person who was attacked is then hospitalized due to injuries, cannot work and is scared another similar attack will happen to them. Medical bills then pile up as the victim attempts to recover. In this case, the bar or drinking establishment has let down its customer in their duty to protect those inside. But the victim can receive help. In other instances unlicensed, poorly trained Security Guards beat, stomp and injure patrons of the Bar or Restaurant.
It is a business’s duty to provide a safe environment to its patrons and employees. Often when an assault, beating, stabbing or shooting takes place on a business’s premises, the owners of the establishment can be held liable for not providing adequate security. When this occurs, it is called negligent security, which falls under premises liability.
You don’t have to be the victim of a fight to claim an establishment is guilty of negligent security. Cases of negligent security have been brought against bars, restaurants or clubs due to robbery, assault, battery and rape. An aggressive bouncer can also be the cause of an incident in which you need medical treatment. Again, an establishment can be held liable if their bouncers are too heavy handed.
In Georgia, a high-profile case involving a high school girl and three male classmates saw the venue for their after prom party sued for negligent security. The female was sexually assaulted by the three young men at the party. According to reports, the resort that hosted the after party had security in place; but some members of the staff ignored signs that the party was getting out of hand in the gated community. The events that unfolded in the Georgia case show that assaults are not restricted to bars and nightclubs, but can happen in private resort communities and homes as well.
It isn’t just physical or sexual assault that can be classed as negligent security. Nightclubs can become a dangerous place. Recently, high-profile shootings have occurred in clubs. Victims of a shooting – like an assault – have the right to file a lawsuit for negligent security.
In February, Dameion Saunders was shot in the back at a club in Atlanta, Georgia. Following his recovery, he filed suit against the venue’s owner for its lack of security. Saunders, who is still receiving medical treatment for the gunshot, continues to see his medical bills rise. By hiring a lawyer he is able to seek compensation to cover his mounting expenses.
Inherent Risk and Danger
Certain clubs have an inherent risk and danger to them. Therefore, having adequate security on hand is important to the safety of its patrons and employees. Having security personnel isn’t the only part of having an adequate amount of protection. A bar, nightclub or other venue can reduce the risk to customers by having metal detectors at the door. Depending on the potential for danger, the venue should provide the proper security measures.
Proving Negligent Security in California
- To show that a business was negligent in their providing of security, a plaintiff would need to prove:
- The victim was lawfully present in the establishment
- The establishment did not provide adequate security
- Due to the inadequate security, the victim was injured
- The victim sustained injuries due to the lack of security
The Paris Firm
If you or a loved one has experienced an assault, battery or robbery or worse on another person or establishment’s property, you may be a victim of negligent security. The Paris Firm focuses in personal injury law and can give you advice on the compensation you deserve for suffering an injury or death due to negligent security in Southern California. The Paris Firm is here to help with all your personal injury law needs, call us today at (909) 469-5127 or contact us here.