Thousands of individuals suffer injuries caused by acts of violence in bars and nightclubs across the State of California. Los Angeles, with its numerous nightclubs, bars, and other nighttime establishments, has one of the highest incidence injuries resulting from fights, sexual assaults, and batteries in the state. Victims of acts of violence have the right to have such perpetrators charged with crimes. What is more, victims have the right to seek financial compensation for all losses suffered.
Our Law Firm: The skilled attorneys with experience in assault and battery cases from the top-rated Normandie Law Firm proud to provide essential legal representation necessary to see to it that the injured pursue full compensation for injuries sustained.
Common Causes of Injuries in Nightclubs and Owner/Operator Liability
By far the most common cause of fights and acts of aggression in nighttime establishments is a combination of the availability of alcoholic drinks and inadequate security. In other words, managers and operators have a duty to provide for the security a reasonable prudent person would have in a setting where large amounts of alcoholic drinks are provided. Typically, an injured party is entitled to seek recovery from the person who caused the harm. In such cases, you are permitted to pursue a claim for damages against a few different entities. Below is a list of certain parties that can be held liable in the event that you have been harmed due to the negligence of a security company. Different theories of liability will apply to each and, depending on the facts surrounding your case, you can determine who is liable. A qualified attorney who has experience in sexual assault cases can help you figure out who is liable.
Nightclub or bar: Generally, the first responsible party is the nightclub. If you were assaulted by security at a nightclub venue you can pursue a claim against the nightclub for the injuries you have sustained. Typically, any patron at a nightclub is owed the highest duty of care. This is referred to as a business invitee, or someone who enters the business for benefit of the business owner. Patrons at a nightclub benefit the business by purchasing cocktails, which affords the business some type of financial gain. As a result they are owed the highest duty of care. If the security at the establishment assaults or attacks a patron the owners of the establishment are liable for the injuries and harm suffered by that party.
Security company: In certain situations, you may be able to pursue a claim against the security company as well. Typically it will need to be determined whether the security company is a separate entity. If the security company is a separate company you will want to pursue a claim against them as well for your injuries. In such cases you will want to assert that the nightclub was negligent in the employment of the security personal and that the security was also negligent in the employment of the security guards. Generally, through the litigation process, you will be able to identify whether the guards were properly trained or whether they had the correct licenses to carry weapons and other critical details. If it is determined that the guards were not properly trained or licensed, you will be able to pursue a claim against the security company for your injuries.
Landlord liability: If you have a case where the landlord was notified or aware that the tenant was creating a dangerous conditions, he may be liable. However, you will usually need to show a consistent record that the landlord knew of the fact that his tenant was having issues at the property or that the premises were dangerous and a place where people were getting hurt. This is a difficult fact to ascertain and will usually be a difficult element of the case to pursue. However, in situations where you have significant injuries, under California’s Prop 51 laws, it will allow you to pursue the landlord for damages.
Contact an expert attorney with expertise in assault and battery injury lawsuits to get a better idea of who is liable for your damages.
A Common Incident – Security Guard Assault and Battery at Strip Clubs
Similar to bars and nightclubs, strip clubs can often be the scene of assault and battery incidents, specifically involving security guards. Strip clubs typically have strong security presence as patrons tend to drink and become rowdy in some situations. Security is supposed to keep both workers and guests safe. When fights between guests arise or when a guest simply becomes too rowdy, security must remove them to ensure the safety of others on the premises. Security guards, of course, normally have to use a certain level of force to remove rowdy guests from the premises. Unfortunately, some security guards resort to excessive force, leaving guests seriously injured. In these cases, injured parties could have the right to sue either the property owner or the security guard company (if the guard was hired through a third-party company) as explained above.
If you or a loved one suffered assault and battery at the hands of a security guard at a strip club, you could certainly have the right to file a lawsuit. Do not hesitate to seek legal assistance as soon as possible.
Some Common Questions
Unfortunately, bar and nightclub incidents are very common. Some of our clients have approached us with the following questions:
- I was beaten up at a bar. Can I sue the bar owner for a lack of security?
- I was beaten up at a bar. Can I sue the bar owner for not having enough security?
- Can I sue the bar manager or the bar owner if the bar security attacked me?
- I was thrown out of the bar/nightclub and then beaten up. Can I sue the bar for throwing me out?
- Can I sue the bar for throwing me out if I was attacked after I was thrown out?
The answer is simple – yes, you could sue. Whether you were beaten up by the security or beaten up by other parties because of a lack of security, you could be eligible to sue. For more information about your right to sue after being attacked, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our lawyers are ready to guide you every step of the way.
Security Guard Chokehold at Bar or Nightclub
Unfortunately, many incidents at bars, night clubs, and strip clubs consist of guests or patrons being put into a chokehold or being choked out by security. Were you put into a chokehold or choked out by security at a bar or nightclub? If so, the incident likely left you with injuries. The most serious injuries that can result from being put in the chokehold include traumatic brain injuries and spinal cord injuries, which depending on the severity can have devastating consequences. Additional injuries include damage to organs, tinnitus, ocular injuries (including vision loss and other eye injuries), facial injuries, broken bones, cuts, and bruises, for example. In most cases, chokeholds represent an excessive use of force. If you were choked out or put in a chokehold by security at a nightclub, bar, or strip club, then you could have grounds to file a lawsuit. Contact us today for more information about your right to file your lawsuit for the injrueis that you suffered at the hands of a security guard.
Security Guard Mistook Me for Someone Else – Understanding the Law of Transfer of Intent
Many security guard attacks occur as a result of mistaken identity. The security guard wrongfully ID me for another person and attacked me. What are my rights? Based on the law of transfer or intent, you could still have the right to take legal action and be compensated. Can I get punitive damages? Yes, you could be eligible to recover different types of compensation, including punitive damages. It does not matter if he mistook you for another person he needed to get a hold of; you were the one that suffered harm, and you could sue.
What is the law of transfer of intent? Under the transfer of intent, when the intention to harm one person inadvertently leads to a second person being harmed, then the offender can still be held accountable. Of course, this can apply to security guard assaults resulting from mistaken identity.
For more information about your legal options after being attacked by a security guard after you were mistaken for somebody else, do not hesitate to contact the experts here at our law firm as soon as possible.
Wrongful Use of Tasers by Security Guards
Some security guards carry tasers. Although tasers are considered to be non-lethal, tasers can certainly cause serious damage and can even be fatal in some circumstances. The wrongful use of tasers can be grounds for a lawsuit. If you were tased and suffered injuries as a direct result (for example, burn injuries, respiratory distress, brain injury, heart attacks, seizures, or any other injuries occurring after being tased and falling down), then you could have grounds to file a lawsuit. Of course, security guards have the right to use reasonable force against anyone who represents an immediate threat, like someone who became physical with another patron, is threatening violence, is resisting detention/arrest, attempting to flee, etc. Unfortunately, some security guards are quick to reach for their tasers, even when the patrons that they are dealing with pose no threat and are actually cooperating with them. In these cases, affected patrons could sue for the harm caused by the wrongful use of tasers.
Tackled from Behind by Security
In many cases of security guard excessive force, victims are tackled to the ground by security. Whether you were tackled to the ground from behind by security or security came right towards you dropping you to the floor, you likely suffered a number of injuries. Both the initial impact of being tackled by security and falling onto the floor can lead to severe injuries. Depending on the situation, this could be considered excessive force, meaning that you could have grounds to file a lawsuit for any resulting harm.
Security Used Me to Open the Door
Unfortunately, some security guards resort to extreme measures to remove people from the premises, whether it’s a bar, nightclub, or other establishment. Once they have detained the patron, they physically remove them from the premises. Ideally, security would walk the patron out of the establishment and make sure that they leave. In cases where the patron is uncooperative, they might have to use force to take the patron outside. Even when a level of force is necessary, things can go too far. Security hit the door with my head to open the door. Security used by body to get the door to open. If your head or your body was pushed out through the door, it is possible that you sustained injuries. The doors in these establishments are often large, heavy, and can be difficult to open; using your body or head to open any door can have dangerous consequences, like fractures, lacerations, facial injuries, etc. If security pushed you into a door to open it resulting in your injuries, then you could have grounds to file a lawsuit.
Steps to Take if You Have Been Assaulted at Nightclub
(1) If injured in any way seek medical assistance. Contact local paramedics and have them take you to the emergency room.
(2) Contact the local police department and file a police report. Have the individual perpetrators identified and arrested.
(3) File a claim with the security of managers of the establishment.
(4) Contact an accomplished attorney with experience handling assault and battery claims so that you can learn more about your legal rights.
Statute of Limitation for Filing a Civil Lawsuit in the Court of Law
Generally in the state of California civil lawsuits have to be filed within two years from the date of the violent incident resulting in the injuries suffered. In some cases courts have granted a tolling of the statutory deadline allowing for individuals to file a claim post-deadline. Examples where the courts of tolled a statute include:
(1) Mental incapacitation of the victim
(2) Physical incapacitation
(3)The person was jailed and could not seek a legal remedy
(4) The harm or injury did not manifest itself until a later time
(5) Minors exception: Individuals who are injured have two years from the date of their 18th birthday to file a lawsuit in the court of law
If you feel that you may be eligible to receive an exception to the statute of limitations, call us today to speak with a lawyer experienced in assault and battery cases.
Compensation Available for Victims
Persons who have suffered severe injuries due to the negligent or intentional conduct of properly owners and managers of establishment are entitled to compensation for all injuries suffered. Financial recovery is available for the following damages:
- All medical and health related costs.
- Cost of future medical and rehabilitation care.
- Pain and suffering including mental anguish and emotional distress.
- Economic damages – loss of work, lost wages, and loss of future income.
Punitive Damages
Based on recent United States Supreme court decisions punitive damages awards should not be in excess of at least ten times the actual damages suffered. Judges can award such damages when the at fault party acted either with the intent to cause harm or reckless disregard of the life and health of others. Such damages are awarded for the purpose of placing a burden on the individuals or corporations participating in the wrongful or reckless conduct that resulted in the harm suffered.
Punitive damages are very difficult to acquire, and only an experienced attorney will be able to win them.
Attorney Consultation Available
If you have any further questions available, feel free to consult our experienced lawyers at the top personal injury law firm in Los Angeles: Normandie Law Firm. All legal consultations regarding any legal matter you may have pertaining to an assault and battery claim are provided free of charge. In addition to free consultations, we also offer free second opinions. No matter whether you are interested in starting or continue your injury claim, you can trust that our lawyers are here to help you every step of the way. These free legal services are available as part of our Zero-Fee guarantee (you won’t have to worry about upfront legal fees). In addition, we work on contingency; therefore, you will not have to pay anything until after reaching a positive claim outcome.
If you are ready to discuss your right to sue with our experts, do not hesitate to contact us at your earliest convenience.
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