With so many people in New York City, the need for competent security is necessary for the safety of many businesses and offices. Security guards and bouncers serve an important function, bringing them into contact with many patrons, some that they might be required to remove. When situations escalate, security guards can lose their temper and assault the person they were trying to remove.
NYC security guards and bouncers can be held liable for the assaults they commit. However, proving these types of case are extremely challenging. Security guards have certain rights regarding the way they interact with patrons, but there are limits to their authority. In addition to suing the security guard who assaulted you, you might also be able to hold the security guard’s employer liable for the injuries you suffered in the assault.
If you were injured because of an NYC security guard assault, our attorneys for injuries caused by an assault by a security guard in NYC will give your case the attention it deserves. For a free case evaluation, call The Carrion Law Firm today at (718) 841-0083.
What Security Guards Are Allowed to Do in NYC
NYC security guard assault cases present certain challenges that are absent in typical assault cases. While a security guard owes you several duties regarding your safety and treatment, they also have certain rights that are necessary to do their job effectively. The line between the two is blurry, security guard assault cases can turn on just a few key facts. Our NYC attorneys for assault by a security guard can help you understand how the security guard’s and your conduct during your assault will impact your NYC security guard assault claim.
Duties of an NYC Security Guard or Bouncer
Security guards and bouncers are required to conduct themselves reasonably while performing their job functions and to maintain the safety of the premises. Security guards must also treat patrons reasonably when interacting with them.
Because of the problem with unprofessional and untrained security, especially at venues that sell alcohol, NYC requires security guards working at these locations to be licensed and registered with the state.
Rights of an NYC Security Guard
Security guards have the right to use reasonable force in self-defense, while defending other customers, or to remove a person deemed a threat to the safety of the venue. This can include physical force if the situation intensifies and it is reasonable considering the circumstances. In other words, a security guard or bouncer never has the right to use excessive force while interacting with you.
Holding the Employer Responsible for the Injuries Caused by Their Security Guard’s Assault
Security guards and bouncers are not the only ones who are held to certain standards, their employers could also be liable fore the assaults their employees commit. Vicarious liability is a legal concept that makes an employer liable for the negligence or intentionally harmful acts of its employees if the act was committed in the normal course and scope of the employee’s job duties. Security guards could be employed by a private security company or the venue itself. However, it will likely be difficult to prove that assaulting a patron was a typical part of the security guard’s professional responsibilities.
An NYC security guard’s assault not being within the scope of their job’s duties does not let an employer off the hook that easily. NYC security guard employers could still be held liable if they hired unqualified or unlicensed security guards or failed to provide them with adequate training. They must also make a reasonable effort to do a background check on any potential employee for previous incidents of assault that might disqualify them for the job.
Employers who fail to take their responsibilities seriously should be held accountable. Our NYC attorneys for injuries from a security guard can help you decide if pursuing a claim against an NYC security guard employer for the injuries caused by their employee’s assault is appropriate for your case.
What to Do Immediately After Being Assaulted by an NYC Security Guard
There are several steps to take to ensure you get the necessary care and documentation following an assault by an NYC security guard. First, get medical treatment immediately, either at the emergency room or an urgent care facility. The intake and treatment records will include important details of your assault that will be important evidence in your NYC security guard assault injury lawsuit.
After you have received medical treatment, you should notify the police as soon as possible. Assault is not only a civil violation, but also a crime. An NYC security guard could be prosecuted for assaulting you and police reports and court records can help you recover potential punitive damages for an NYC security guard’s criminal behavior.
If you can do so safely after the assault, take pictures of the location where it occurred. Important details that could be forgotten will be preserved so that your memory can be refreshed later, if necessary. Also, be sure to take pictures of any injuries you suffered or any signs of an assault at the scene. As your case progresses, your injuries will heal and the initial damages and how they appeared will only be saved in your records and through your testimony.
If possible, record the names and phone numbers of witnesses to the NYC security guard’s assault. Witnesses can be incredibly helpful to corroborate your version of events during an NYC security guard assault lawsuit.
Finally, once your medical needs have been attended to, you should contact one of our attorneys for injuries caused by an assault by a security guard in NYC to get your security guard assault claim started immediately. Almost all venues have surveillance cameras, and some even have security guards and bouncers that are equipped with bodycams. However, they are under no obligation to save that potential evidence until an attorney requests that the footage be saved. Our NYC attorneys for injuries from a security guard will help you every step of the way so that no detail of your security guard assault case is overlooked.
If You Have Been Injured in an Assault by a Security Guard in NYC, Our Personal Injury Attorneys Can Help
If an NYC security guard assaulted and injured you, our experienced NYC attorneys for injuries caused by an assault by a security guard will fight for the justice you are owed. Call The Carrion Law Firm at (718) 841-0083 for a free case review.