I filed two negligent security cases this past month. Both of them are against bars. The first case is about a bouncer that manhandled my client without provocation. The second case is against a bar and property owners that failed to take proper steps to prevent my client from being battered/assaulted. Litigating theses cases is somewhat of a niche practice for Dettman Law. Injury cases like these usually involve a bar/bouncers or property owner. This blog post discusses these two types of negligent security cases, but there are many more. My office provides free consultations for negligent security cases.
Bouncers Using Unnecessary Force
A bar needs bouncers. The bouncers need to be levelheaded and trained to break up fights, maintain order, and restrain unruly patrons when necessary. The bouncers don’t need to be meatheads looking for an excuse to see if their weightlifting regime is working. The law puts a duty on bars and bouncers to act in a reasonable and prudent manner. What this means in real life is they cannot act in a way society would find inappropriate.
For example, in breaking up an altercation the bouncer should not ordinarily throw a punch or slam someone’s head into the ground. If a patron puts his or her hands up to submit that person should not be tackled. Really it’s common sense that governs negligent security cases. There is also a duty on the bar. If I owned a bar each security guard would be screened and trained. Too often it’s a friend of a friend that is hired on the spot because they “look” like a bouncer. If a bar fails to take adequate precautions in the hiring, training, or supervision of a bounder the bar is liable for damages.
Property Owners Failing To Take Adequate Safety Steps
Lets pretend like you go to a hotel. The hotel knows from past experience that crimes are committed on the property. If the hotel fails to take adequate steps to protect you from crime or fails to implement measures to prevent crime than the hotel can be liable. Same thing applies to all businesses, including law firms—just to be fair. A security expert is often hired on a case like this. If true, the expert will opine that the business could have implemented steps to prevent injury from occurring.
Damages, Insurance, and Injuries
It is also important to consider damages. You must be hurt to have a case. Equally important, the defendant needs to have insurance or assets. Suing someone without assets or insurance means you won’t recover.
These are just two examples of negligent security cases. Others involve security companies harming individuals during security screening (I have one of those cases) or bars with known gun activity failing to prevent shootings.
If you have been the victim of negligent security call my office at 502-444-HURT for a free consultation.
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