Cases involving excessive security often arise from incidents at night clubs and related venues. As a general rule, a business establishment is not liable for the tortious conduct of one of its employees. For example, if you begin to argue with your bank teller, who suddenly pulls a knife and cuts your arm, that action may be too removed to hold the employer liable. Excessive security cases are different in that the very job description of a bouncer is to use physical force on patrons. As a result, using too much force in the furtherance of business objectives exposes the business to liability as well.
Similarly, a business may be subject to a claim of negligent security when you are attacked and suffer injuries because security failed to maintain control, or did not seize control as quickly as would have been reasonably expected. Surveillance cameras may offer support for these claims, though the club will likely allege belligerence, which is seldom refuted by video evidence. However, witness statements can be very persuasive, particularly from individuals you were previously unacquainted with. If you are a victim of excessive or negligent security, call Heaton & Associates today. We will help you compile the surveillance tapes and witness statements, and retain experts whose opinions will lay the evidentiary foundation for your claim.