Nightclub injuries can be caused by multiple reasons, including over aggressive security.
Nightclubs are for people to enjoy and entertain themselves, however, with dim lights and drinking, it is inevitable for accidents to occur.
Unfortunately, these accidents can potentially cause personal pain, discomfort, and/or permanent physical and emotional damage.
Knowing who is responsible for your injuries as a result of criminal conduct by the bouncers/security personnel can be extremely difficult to determine without proper legal help.
There is a legal obligation to protect people from harm, which is owed to customers by business owners, land owners, as well as any other landlords who have people coming and going from their premises.
This duty requires adequate protection from aggressive security personnel that the landowner could reasonably anticipate.
The landowner may be held liable for the injuries sustained on their property.
What is My Injury Claim Worth?
This question is one of the most common and difficult to answer in the initial stages of a case.
It is virtually impossible to predict the value of a case until all the information is collected and until you have recovered or almost recovered from your injury.
There are several factors that determine the value of your case. These include:
- The total amount of all your medical bills.
- How these medical bills were generated; medical examinations for diagnosis, treatment, physical therapy, hospitalization, prescription drugs, over-the-counter medications, chiropractic therapy, and other treatments.
- How much income and other work benefits were lost as a result of your injury. This would include lost payments, sick leave, used vacation time, loss of insurance benefits, and other losses as a result of your injury.
- The current condition of your injury and how it affects your daily life. This would include limitations on home-based activities, sports and leisure activities, and social life.
- Whether or not some aspect of your injuries is permanent. This would also include permanent disfigurement like scars, blemishes, and other disfiguring features.
- If any of your injuries require your hospitalization.
- The extent of liability on the part of the potential defendant.
- If there is any evidence that you had partial blame for your own injuries.
- The quality of your witnesses, including those who will testify about the incident, your injuries, and your medical treatment.
- Other factors such as pain, suffering, discomfort, and loss of consortium (how your injury has affected your marriage).
The factors above are just a few of all those that must be taken into account when determining the value of a settlement.
Some factors are more important than others and since insurance companies require specific documents.
It is your responsibility and that of your lawyer to provide the insurance company with clear information to substantiate your claim.
Main Causes of Security Incidents and Injuries
Some people have been involved in fights with security personnel that cause serious injuries.
The party who suffers the injuries often does not cause the physical altercation or could even be an innocent bystander.
The owner of the bar and property may be liable to an injured person due to unsafe conditions on the premises.
Nightclub owners or commercial properties where the nightclubs are located have a legal duty to take reasonable care to prevent customers from being injured in a fight with their bouncers, or to warn of the potential for injury related to the fight.
This is why it is important for owners to hire skilled security personnel that know how to react to any problem within the premises; aggressive and unexperienced security and drunk customers make a perfect combination for injuries.
These acts have very serious consequences, logically for the victim the result of damages can be physical injuries like:
concussions, fractures, disfigurement, moral, sequels, recovery time to heal the wounds, etc., which then will have to be compensated so that all costs are covered.
Some people ignore the injury, but don’t do that, it is important to go immediately and seek medical aid, so that in addition to healing the wounds you may obtain as much medical documentation as possible, to justify the extent of those injuries.
All these actions should be carried out following the advice of one of our lawyers.
What To Do After Being Injured By Security Personnel
Owners and managers of hotels, casinos, nightclubs, and any other public places are required by law to have security systems to protect visitors.
If you are injured by those who are supposed to protect you, you must seek medical aid as soon as possible; this will provide you with documentation and evidence for your injuries.
Once you receive medical care, you must then contact the manager of the hotel, casino, or nightclub, and inform him/her of the incident, afterwards contacting a lawyer experienced in injuries created by security personnel will be able to guide you through the process of claims and lawsuits.
Do not forgot to provide your attorney will the evidence you have gathered: photos, medical bills, and witnesses’ contact information.
What do I need to prove?
Most negligent security cases happen in areas that tend to attract criminal activity, such as hotels, casinos, nightclubs, parking lots, apartment buildings, and offices.
An insufficient security claim holds that the owner of the property did not take adequate security measures to prevent criminal activity, violence, or other security hazards.
When referring to injuries caused by security personnel, an owner can be held liable if the staff they hired is composed of:
- Improperly trained security guards
- Aggressive security guards
- Security guards that were hired without a background check
Property and business owners alike could be held liable for injuries that were caused by improperly trained staff and irresponsible hiring of employees.
In many cases, having unsafe security personnel is about the same as having no staff at all.
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