Nightclubs, bars, lounges, and restaurants owe patrons a duty to maintain a safe premises, free of any potential threat of harm from others, including other patrons and staff. This includes acts of assault and battery from security guards. Unfortunately for many, the bar and nightclub scene has borne witness to many injuries and damages resulting from alcohol-induced bar fights, as well as excessive force, ranging from assault to battery by many nightclub security and bouncers.
Law Firm Protecting Your Rights: Our night club injury lawyers are proud to represent victims who have suffered serious injuries due to the negligent conduct of owners and staff of nightclubs bars and other establishments. Victims have a right to compensation. To schedule a free, no cost, and confidential consultation, contact our law firm toll-free (855)385-2529.
Injuries in College Parties: University and College Dorm room parties and Frat House parties held close to schools by fraternities have led to many alcohol-related injuries, such as slip and falls, fights, beatings, and Security Guard Culpability.
Lack of Proper Safety Procedures: Often, there are inadequate security guards on staff to maintain peace and order, as well as a lack of proper safety guidelines in the buildings. There may be no exit signals or open exit doors during business hours, both of which are a major cause of nightclub-related injuries and damages.
Assaults by Employees Including Security Guards: While security staff is intended to bring peace and safety to nightclubs, they often add to the hostility instead. Bouncers and security often escalate an already dangerous situation, and the venue should be held liable for the actions of the hired help.
Assault and Battery at Ball Games: Unfortunately, being beaten up at a ball game by security and by others in the stands is a very common issue. These incidents occur before, during, and after soccer games, baseball games, and football games. Without a doubt, assault and battery during these sports events can also result in a number of injuries that could potentially cause permanent and disabling harm – sometimes, these attacks can be fatal. A few examples of these injuries can include the following: head injuries, traumatic brain injuries, neck injuries, back injuries, spinal cord injuries, fractures, punctured organs, lacerations, etc. Regardless of whether the attacker was a security guard or another guest, it is important to understand liability. Who can be liable? In general, the property owner can be liable. In some cases, managing companies can also be liable. It all depends on the specific event and incident that occurred. What if the attack occurred at the hands of others on the stands? If you were attacked by any other guest on the property, the guest him or herself could be liable for the harm that you suffered. However, the property owner could also be liable – as property owners have a duty to keep guests safe from all risks, including risks presented by other guests. What if the attack occurred at the hands of a security guard? If a security guard caused your injuries (whether this was an unwarranted attack or the use of excessive force), the guard him or herself could be liable, the security guard company could be liable, and the property owner could be liable. For more information, it is essential that you seek legal assistance with our experts immediately.
Assault and Battery by a Security Guard at a Nightclub
People go to attend an event or an evening in a nightclub or bar, in an effort to go out and have an entertaining evening out on the town. No one expects to be assaulted and battered by the security guard at the nightclub. Sometimes, a nightclub security guard is completely out of order, and perpetuates an assault on a partygoer or patron to the nightclub. When this is the case, the owners and operators of the nightclub are fully responsible for the actions of the security guard. In that case, the security guard is a representative of the nightclub, as the hired help to protect patrons of the nightclub venue.
Security Guards Have Rules to Follow at the Nightclub
A security guard has rules to follow to manage the crowds at a nightclub. That means that the security guard is not expected to batter, assault or otherwise hurt someone at the nightclub. The security guard has a specific set of duties to perform at the nightclub. These duties may include:
The Use of Force by a Security Guard at a Nightclub
The security guard needs to be trained properly on when to use the use of force to manage a patron at a nightclub. A security guard is not a police officer, nor a law enforcement authority of the law. Therefore, a security guard needs to follow the rules and regulations set forth in the security guard training manual as to how to do the job. This includes not harming, assaulting, battering or beating up patrons to the nightclub while the security guard is on duty.
Why Do Security Guards Attack Patrons in a Nightclub?
A security guard can attack a patron in a nightclub for a variety of reasons. A security guard may not be properly trained for the job, and may then attack a patron at a nightclub. If the security guard believes that the patron is being unruly, he or she may use force to physically eject the person from the nightclub. But that ejection does not need to include unreasonable uses of force. If a security guard needs to minimize a patron’s aggression in a nightclub, that person does not need to beat up and attack the patron in the process. Any time that the security guard beats up a patron, that incident is against the rules and the security guard needs to be reported to the police by the nightclub owner and manager.
When this happens to you, and you are assaulted by a security guard in a nightclub, you can call our law office to discuss your claim. We are here to give to you the peace of mind that you deserve. We will get you the money you need to pay for your personal injuries and medical bills, and any time lost from work. You need to call our attorneys who know exactly what to do if you have been assaulted by a security guard in a nightclub.
Security Guard Assault and Battery at Strip Clubs
Strip clubs are additional examples of similar establishments that normally have a strong security guard presence. These guards are supposed to ensure the safety of staff as well as patrons. As mentioned above, security guards often have to use a certain level of force to subdue and remove unruly patrons from the establishment. However, this force must be reasonable. In cases of excessive force, injured patrons could have grounds to file a lawsuit against the strip club and against the security guard company (if the guard was hired through a third-party). If you were the victim of assault and battery at the hands of a security guard at a strip club, you could have grounds to file a lawsuit. Do not hesitate to reach out to the experts here at our law firm as soon as possible to learn more about the legal options available to you.
Use of Sleeper Holds by Security Guards
Unfortunately, security guards are often quick to resort to dangerous tactics against patrons at nightclubs, strip clubs, and other establishments. One of the most dangerous tactics being a sleeper choke hold. Sleeper holds are often taught in martial arts as a submission technique. The hold is also a self-defense technique used to subdue an attacker. The hold essentially is designed to apply pressure to both sides of the neck with the forearm and with the bicep, while leaving airflow unaffected. The sleeper hold slows blood flow to the brain, causing the person being held or choked to lose consciousness. Although this could be a very helpful maneuver for those facing immediate danger, when performed incorrectly, the hold could present a huge risk of injury.
Primarily, if the hold lasts too long, then permanent brain damage can occur. The hold is only supposed to last a few seconds and should be released as soon as the subject goes limp. Continuing the hold could quickly cause brain damage and can even be fatal. In addition, performing the hold incorrectly can damage the windpipe.
In some cases, security guards immediately resort to these dangerous holds even if there is no immediate threat. If you or a loved one were placed in a sleeper hold and suffered injuries as a direct result, you could have grounds to file a lawsuit. For more information about your right to file a lawsuit for the resulting harm, contact the experts here at our law firm today.
Know Your Rights – Nightclub Liability for Your Injuries
A patron who has been battered and assaulted either by other patrons or by the business’s security guards has the right to file a claim against the property owner and the business for his injuries in the nightclub based on California’s Premises Liability laws. In order to recover from nightclub injury, a victim has the burden of proving that the property owner created a dangerous or unreasonable condition on the premises. So, to be held legally responsible for injuries, one of the following must be true:
Rules for Security: Security guards and doormen or bouncers in clubs, bars, and lounges are not given the right under California law to restrain you in a physical fashion. They are not able to beat you up or use other forms of force against you. If force has been used against you and you have suffered injuries, the security guard and his employer, as well as the property owner, may be culpable for your loss. Establishing Responsibility Against the Property Owner or Employer Via Vicarious Liability Laws: Another avenue of recovery is based on the legal theory of vicarious liability, which holds that “if a servant performs an act within the real or apparent scope of his master’s business, then the master will be held liable for any damage caused by the agent against another party.” The primary emphasis here is whether the actions of the security guard resulting in the harm suffered were within the scope of his employment.
Defining course and scope of employment: There can be many ways to show that the actions of the at-fault guard were under the scope of course of his employment. One way is his actual profession. A security guard is generally hired by a club, bar, concert, or any other nighttime establishment to maintain peace and order in the property. It would be reasonable to ascertain that applying force in order to remove an individual from the premises to stop an impending altercation is necessary. An example where vicarious liability would not be applied is if the security guard attacked another individual on the premises for self-interests. For example, if the victim owed the guard money and he had refused to pay, the guard would be acting outside of his scope of employment if he attacked the victim.
Liability against Employer – Based on Negligent Hiring Practices: Another avenue for establishing fault is by showing that the employer failed to diligently check the background and mental health of the employee prior to the commencement of his employment. Workers who are given instruments and tools and or have the duty to exert physical force must undergo a heightened level of scrutiny before being hired. Thus, the capacity to inflict harm on another resulted in a heightened duty on the part of the employer to hire a person who will not overstep his boundaries. This should include background checks for past criminal activity and rigorous mental health examinations.
Liability Based on Dangerous Instrumentality: The basis of this theory of liability against the employer holds that the owner of a weapon or any dangerous instruments should be held accountable for any harm resulting from their use in a negligent fashion. For example, in a case where the gun of a private security guard goes off in the middle of a dance club, resulting in injury to another, the employer who provided the gun to the security office would be held responsible.
Common Bar Fight and Inadequate Security Injuries:
Bar fight injuries can range from minor cuts and bruises to serious catastrophic injuries, which may lead to lifelong disability and death. Here are some of the most common nightclub injuries.
Psychological Damage: Perhaps the most under-reported and under-evaluated injuries resulting from acts of violent crimes are the mental injuries arising from the incident. Violent crimes are almost always traumatizing, resulting in long-standing mental health issues, which may range from post-traumatic stress disorder (PTSD) to depression, anxiety, the triggering of bipolar disorder, and drug abuse. Victims of violent crimes should seek help from a mental health therapist so that their injuries are properly documented for the purposes of any settlement or jury verdicts. Brain Injuries: One of the most common injuries resulting from acts of violence is trauma sustained to the head, resulting in brain damage. Brain injuries can range from mild concussions to severe traumatic brain injuries. Some signs of brain injury can include loss of consciousness following the attack, short term memory loss, sensitivity to light, changes or alteration in behavior, and loss of cognitive abilities. Victims of brain injury need to be evaluated by a neurologist as soon as possible.
What Should I Do – Steps You Need to Take if You Have Suffered an Violent Crime in a Nighttime Establishment:
Following an action of violence, there are several important steps you should take in order to protect your rights under the law. Below we have compiled a list of steps you should take following such an incident.
Body Slammed by Security Guard
Were you tackled by a security guard and slammed to the ground? If you were body slammed by a security guard at a nightclub, bar, or any other establishment, you could have grounds to file an assault and battery lawsuit against the property owner for the harm that you suffered. Being body slammed or tackled onto the ground can quickly lead to injuries. Some injuries specific to body slams could include, back injuries, neck injuries, fractures, bruises, facial injuries, broken nose, broken teeth, etc. Unfortunately, body slams are very common in security guard incidents. If you were tackled onto the ground by a security guard, then you should contact us immediately to learn more about your right to sue.
Put in a Headlock by a Security Guard
Were you put in a headlock and choked out by a security guard? If you were put in a headlock and suffocated by a security guard at a nightclub, a bar, or any other location, then you could definitely have legal grounds to sue the property owner for your injuries. Being choked out can lead to severe injuries, some of which could even be fatal. Possible injuries include neck injuries, respiratory injuries, brain damage, etc. If you or a loved one was put in a headlock by security and was injured, then you should contact our experts at your earliest convenience for more information about your legal options.
How to File a Police Report for Assault and Battery by a Security Guard
As mentioned above, it is important that you contact the police report after the incident. After incidents, in general, the victim or a bystander calls the police; when they arrive at the scene, they file a police report. You might have many questions about filing a police report. These questions may include the following:
Without a police report, your personal injury case could suffer significantly. If you have any other questions about how to file a police report after a security guard assault and battery, do not hesitate to seek legal assistance with the experts at our firm immediately. Our lawyers are ready to answer all your questions.
Recovery Available for Victims of Assault and Battery
If you or a loved one has suffered such injuries contact our Nightclub injury Lawyer hotline (855) DT-LA-LAW for a free consultation with a Nightclub and Concert Club Premises Liability Attorney. Is the Bar / Nightclub Liable for My Injuries? As an invitee, every bar owes their patrons a duty of care. This duty is enhanced by the fact that most bar and nightclubs know or should know that there is potential for a dangerous circumstance to arise. Therefore, they would be liable for your injuries. Types of Damages Available for Recovery At Downtown LA Law Our Premises Liability & Nightclub injury attorneys will seek to recover every form of damage from the incident. Recovery can include economic and non-economic damages, including
I was attacked inside a grocery store by an employee. My lawyer helped me file an injury lawsuit for the harm that I suffered and was able to get me an amazing settlement. Thank you so much for helping me with my assault and battery case.
E. Earl
From the start, my lawyer made it clear that he would fight for my right for the highest recovery. I never doubted my lawyer, but he honestly exceeded all of my expectations.
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My lawyer was able to get me an amazing payout for my injuries. My lawyer really got me a significant payout for the harm that I suffered in my assault and battery incident.
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I found a lawyer that I could trust and quickly got all the information that I needed to pursue my assault and battery case. My lawyer was amazing every step of the way and was able to quickly get me a fair settlement for my injuries.
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Calling this team after my assault and battery was the best thing that I could’ve done. They really put in the work for my assault and battery claim and made sure that my rights were protected and that I recovered the highest settlement possible.
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With the help of my assault and battery lawyer, I was able to file an assault and battery claim and successfully sue the bar owner for their contribution to the harm that I suffered. My lawyer helped me recover an amazing settlement for the harm resulting from my assault and battery.
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Punitive Damage Compensation
Under our Common Law system of jurisprudence, victims of intentional and or reckless conduct are entitled to punitive damages compensation. Common law requires the individual or entity to have acted in a reprehensible manner. The purpose of punitive damages is not to provide for just recovery or damages suffered by victims. Instead, it is a means of punishing the at-fault party to such an extent so that they will refrain from partaking in intentionally harmful conduct on the future. Historically, punitive damages were boundless so that a potential jury could award an unlimited level of financial recovery to the victim. However, the past decade has seen certain limitations as to the amount of money that can be awarded under punitive damage provisions. Various court decisions and Supreme Court rulings have placed the limit at 10 times the value of a victim’s actual damage. For example, if a jury awards $10,000 in actual damages, then the limit for that amount of punitive damages is set at $1,000,000. However, some court decisions have wavered from the 10-times ration. In the case of State Farm v. Mutual Auto Insurance the court stated that “when the compensatory damages are substantial, then a lesser ratio, perhaps only equal to the compensatory damages, can reach the outermost limit of due process guarantee.” In many cases, a defendant will use the above-mentioned argument to seek an appeal on the monetary level of punitive damages that can be awarded, which can result in a lower judgment from an appellate court. However, some court decisions have established that the level of punitive damages awarded should be based on the reprehensibility of the defendant’s actions. Thus the facts of the case can, in some cases, play an integral part in the level of punitive damages which can be awarded.
In addition to assault and battery at the hands of a security guard, there are a number of other incidents that can occur at bars and night clubs. Some of these incidents can include slip and falls, sexual assault, falling downstairs, falling object incidents, objects thrown at you, etc. These incidents are discussed more in depth in the sections below:
Slip and Fall Accidents in Restrooms
Slip and fall accidents are, by far, some of the most common types of personal injury accidents that can occur. The restrooms in bars and nightclubs are often disregarded by staff. Even though there are guests constantly going in and out of these restrooms, staff often doesn’t matter making sure that they are clean until its closing time. Because of this, slip and falls are likely. Slip and fall on urine, water in a bathroom at a club, etc. are all possible. These incidents can lead to a number of injuries.
In addition to restroom slip and falls, slip and falls are also likely essentially throughout the entire premises of a bar or nightclub.
Slip and fall accidents are typically a reflection of the unsafe conditions on the premises, which could make the property owner liable for any resulting harm.
Sexual Assault in a Bar or Night Club
Unfortunately, sexual assault is prevalent in bars and nightclubs. Other guests on the premises as well as bar or nightclub employees (including servers, bartenders, managers, security guards, etc.) can commit sexual assault. Although some might argue that there is no way that sexual assault can be prevented, there are actually a number of risk factors that can increase the risk of these incidents occurring. These include poorly lit areas, isolated areas, a lack of security, a lack of surveillance, negligently hired/supervised workers, etc.
Sexual assault incidents can often be attributed to the negligence of the property owner.
Falling Down Steps at a Bar or Nightclub
Many bars and nightclubs have a few steps or full staircases that patrons must walk through at some point. Different hazards on these steps or staircases can cause patrons to fall and sustain significant injuries. Some of these hazards can include irregular steps, improper height of the steps, loose carpeting, etc. Falling down stairs at a bar or nightclub because of poor lighting is also a possibility.
These incidents can also be attributed to the negligence of the property owner.
Falling Object Incidents
Bars and nightclubs often have large mirrors, paintings, art, and signs on the wall, for example. They also have light fixtures, ceiling fans, fog machines, etc. If any of these are improperly installed or maintained, they can fall and potentially strike unsuspecting patrons.
These incidents, like the others, can also be attributed to the negligence of the property owner.
Hit in the Head by a Bottle
Unfortunately, violence is likely to occur among the patrons of bars or nightclubs. Some fights result in objects being thrown around. For many, the object of choice is a bottle of beer. If you were hit in the head by something, hit by a bottle, etc. at a club or nightclub, you likely suffered head and facial injuries. These incidents often reflect the property owner’s inability to keep the premises safe and free of brawls. It could be due to a lack of security or even due to overserving patrons who are already being problematic. There was an object thrown at me at the bar. There was something thrown at me at the nightclub club. If you were injured, you could sue.
In Summary
There are countless other incidents that can occur on the premises of bars and night clubs. Based on the details surrounding these incidents, you could have grounds to sue. For the incidents mentioned above, you could actually have grounds to sue on the basis of premise liability. For more information about your right to file a premise liability lawsuit and fight for your rights, do not hesitate to contact the experts here at our law firm as soon as possible. Our lawyers are ready to guide you every step of the way.
Time Limits to Filing a Lawsuit – Statute of Limitations
In the state of California, civil claims must be filed within a certain time period in the court of law. Victims of assault and battery injuries have two years from the date of the incident to file a personal injury claim. Failure to file a claim within the statutorily designated time period will eliminate a victim’s right to financial recovery under the law. However, in certain circumstances, courts may grant the filing of a claim despite the passing of a two-year deadline. Referred to as a tolling of a statute, below are some examples where courts have allowed victims the right to pursue a lawsuit even when the statutory time period has elapsed.
What if I was held against my will by a security guard at a bar or nightclub?
It is possible to be harmed by a security guard at a bar or nightclub without actually being physically attacked. Unfortunately, bar and nightclub patrons are often held against their will. In fact, patrons are often falsely accused of crimes or even held for no reason whatsoever based on the color of their skin, their race, the language that their speaking, etc.
You might have some of the following questions:
It is possible that your incident is not the first incident involving the security or staff at the bar or nightclub. If you can prove that you were falsely accused of a crime and held against your will by security based on discriminatory reasons, then you might have grounds to file a lawsuit for violation of your civil rights. Although discrimination in an establishment can cause significant mental and emotional distress to affected parties and can potentially lead to discriminatory violent attacks; therefore, it is important that victims come forward and these guards and their employers are held accountable to address the situation before things get worse.
If you were held against your will by security at a bar or nightclub and are interested in learning more about the legal options available to you, contact us immediately – our lawyers are ready to guide you every step of the way and help you sue.
Filing a Lawsuit for Acts of Violence at Bars and Night Clubs
At Downtown L.A. Law Group, our aggressive and skilled Nightclub Dance Club incident lawyers will keep on the offensive so that you are fully compensated for your injuries. We will take care of every legal detail and we will go to trial and take on liable clubs owners, property owners, and their insurance carriers so that your rights are protected.
Cost of legal representation
Many victims avoid seeking legal representation because of the seemingly high cost of hiring an attorney. This may be true for many law firms, but not us. Our attorneys provide legal representation on behalf of victims of personal injury exclusively on a contingency fee basis. Under this agreement, you do not pay us a single penny out of pocket. Any costs and or legal fees that have incurred will be made available to us if an only if there is a successful resolution of your cases. If we do not win your case, you do not have to pay us a single penny for any of the work or costs we have put into your case. To learn more about our Zero Fee Guarantee, call us. In the meantime, concentrate on the most important part of this process – your recovery; and Contact the Downtown LA Law firm at (855)385-2529 to receive a free case evaluation.Further Resources:
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