Making a Successful Claim Against A Club Or Bar’s Negligent Security
Bars and nightclubs like any other business have a duty of care to uphold towards patrons that visit them. This list of duties includes making sure the property is safe and easily traversable, but some clubs specialize in attractions designed to bewilder and amuse patrons based on a combination of visual bewilderments. This coupled with liquor results in some patrons losing their sense of judgment which means that another challenge that club and bar owners have to face is protecting patrons from each other. This is where security and club bouncers come in.
Their job is to remove individuals who cause issues for both patrons and employees and to restore overall order and safety, but the additional challenge is that they must also do this in such a manner that the guest doesn’t sustain any lasting injuries. The law still applies in every facet of the operation of the club or bar in that a duty of care must be expressed at all times. On that note: excessive force by a security representative of the establishment falls under premises liability in personal injury. If you are a victim of an excessively aggressive club or bar employee and you wish to make a personal injury claim here is what you need to prove in order to have a substantial claim:
1. Liability: As expressed above, all establishments have a duty of care to express towards patrons. Of the many actions performed by employees throughout the duration of the day, most of these actions work towards reducing liability for the establishment in an effort to say that the business has done all it can to protect patrons and if they are still injured, it’s not their fault because they did everything humanly possible. Some states have specific laws that ease liability on the business in the occurrence of certain events, but the main rule prevails.
2. Causation: You need to prove that the business caused your damage, be its employees or the conditions within it. Law firms will procure evidence on your behalf including police reports, videos, and eye witness statements to prove causation.
3. Damages: This is the easiest to prove. Damages refer to all injuries and losses both physical and financial. Say for instance if an injury ends up preventing you from going to work and making income to pay your bills, that is categorized as a “damage” and it needs to be reported to your lawyer to be taken into account to the damage claim.
If you need help with a personal injury case with a premises liability lawyer, contact the Eric Roy Law Firm today.