Thousands of individuals suffer injuries causes by acts of violence in bars and nightclubs across the State of California. Los Angeles, with its numerous nightclubs, bars and other night time 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 crime. What is more victims have the right to seek financial compensation for all losses suffered.
Our Law Firm: The attorneys from the Normandie Law Firm proud to provided essential legal representation necessary to see to it that the rights of the injured of pursues and full compensation for injuries achieved.
Common Causes of Injuries in Nightclubs and Owner/Operator Liability
By far the most common cause if fights and acts of aggression in nighttime establishments is a combination of the availability of alcoholic drinks and inadequate security. In other works 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 are a list of certain parties that can be held liable in the event that you have been harmed from 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.
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. Generally, 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 litigations process you will be able to identify whether the guards were properly trained, 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, they 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 was dangerous and 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 and under California’s Prop 51 laws it will allow you to pursue the landlord for damages.
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 attorney so that you can learn more about your legal rights.
Note: The probability of
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: Individual who are injured have two years from the date of their 18th birthday to file a lawsuit in the court of law.
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.
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.
Attorney Consultation Available
If you have any further questions available fee free to consult our attorneys. All legal consultations regarding any legal matter you may have pertaining to an assault and battery claim is provided free of charge.