Many people visit a bar, lounge, or nightclub to relax and spend time with their family and friends. With patrons often consuming alcohol, a major concern among restaurant owners is the potential for fights to occur in their establishment. With that being said, oftentimes, these establishments will hire security personnel to ensure the safety of its staff members and customers. While security personnel are required to take the necessary steps to mitigate risk and ensure peace, there are times that these individuals end up harming a customer.
Hired security personnel are supposed to escort patrons off of the premises of an establishment if a problem arises. However, sometimes these individuals take things too far and end up seriously injuring a customer. Customers have experienced serious injuries, such as broken bones, concussions, bruises, and even death due to aggressive security personnel. These types of injuries can lead to time off of work and expensive medical bills. In some instances, a person may have grounds to recover compensation.
Assault is an intentional act of placing another in fear of imminent physical contact or bodily injury and battery is the actual physical contact. Here, a person will have a civil claim against the security personnel for assault and battery. However, in most instances, the security personnel will not be financially able to compensate the plaintiff, which is why the victim will want to file a lawsuit against the establishment for negligent hiring and or training.
Under the theory of premise liability, an establishment may be held responsible for the customer’s injuries because they were sustained as a result of an employee’s negligence. Here, a plaintiff must show that the establishment breached a duty owed to the customer and that breach caused an injury. For instance, if the owner failed to exercise reasonable care in hiring their security personnel by running an adequate background investigation, which revealed that the employee had prior aggravated assaults, this may amount to a breach.
In the event that you or someone you love is injured by security personnel, it is important to document the incident and gather as much information and evidence as possible, including names of witnesses, employees, and security personnel. If necessary, file a police report, take photos of the injuriesand gather medical records from the hospital and doctor’s offices. In addition, it is important to contact an experienced personal injury lawyer, because you may be able to recover compensation for medical expenses, lost wages, or pain and suffering.
If you or a loved one has been injured at a bar, restaurant, or another hospitality establishment as a result of negligent security personnel, it is important to contact an experienced New York personal injury attorney who can assist you in receiving the compensation you deserve. The attorneys at Levine & Slavit, PLLC have over 60 years of experience representing clients in personal injury actions, including premise liability, assault and battery, and wrongful death. With offices conveniently located in Manhattan and Long Island, Levine & Slavit, PLLC represents clients throughout New York Cityand both Nassau Countyand Suffolk County. For more information and to schedule a consultation, call (888)-LAW-8088.