Security Misconduct Claim Settles Against Bar for $160,000
The firm's client was attending a birthday party with friends at a well-known nightclub/bar in the Los Angeles area when he was assaulted by security. The client had done nothing more than try to break up a fight between two women when he was bum-rushed by security. Instead of taking reasonable steps to discern who was causing trouble, one member of the club's security staff rushed into a crowd of people and began swinging his fists. The guard connected with the client's face, knocking him out and to the ground.
Damages Resulting from the Assault
As a result of the blow to the face, from a guard who was approximately 200 pounds, the client suffered a badly broken nose, described as a bilateral nasal bone fracture, nasal septal fracture, as well as anterior and medial wall of the left maxillary sinus fractures. Surgery to repair the fractures was performed, and the client missed a short time from work. During the healing process, the client had follow up visits to the surgeon's office and his nose had to be rinsed three times a day for about two weeks after the surgery. The medical expenses incurred were in the neighborhood of $50,000.00.
Liability of the Bar Owner
Under California law, a business owner is responsible for the acts and even inaction of their employees/agents while in the course and scope of their employment. So long as the wrongful act was intended for the benefit of the business owner, the proprietor will generally be responsible. In addition, in California a property owner has a "non-delegable" duty to maintain their property in a safe condition. For all those reasons, even though the security guard above was an employee of a contracted security firm, the club owner was liable for the client's damages.
What To Do if You Are a Victim
If you are injured because of security misconduct (either because they injured you or allowed you to be injured by someone else), you may have the right to pursue the business owner for the injuries and damages suffered. Don't be a victim twice by allowing the business to get away with it. An experienced injury lawyer can help you get the justice and compensation you deserve.