In this week’s show, Robert C. Smith and Manny Marquez discuss the important topic of Nightclub and Bar Civil Liability, a topic that many of us don't think about until we are in the midst of a lawsuit or litigation.
Just a reminder before listening in - Robert C. Smith and Manny Marquez are NOT attorneys. The information they share in the podcast is general advice and shouldn't replace specific, state and venue specific legal advice. In the event you need legal advice or help, please a professional in your area.
Liability – What is it and how can it effect you?
Bottom line, liability affects everyone in the nightclub and bar industry - owners, operators, managers, bartenders, bouncers, security, kitchen staff, and everyone in between. If you own a bar or work at a bar, you need to be thinking about civil liability and taking measures to protect yourself. Attorneys, insurance providers, law enforcement professionals, and other stakeholders will also benefit from the important information covered in today's episode.
Specifically, today's episode will focus in on:
- What are the different types of liabilities? We'll discuss criminal, administrative, and civil liability as well as how you can be held liable for both actions you take and actions you didn't take.
- When do you become liable? Your business is exposed to liability at all times, even when your doors are closed.
- What is the spectrum of liability? From a slip and fall on a lime wedge all the way to a death or shooting.
- What are some examples of law suits that have led to high dollar settlements or judgments? We'll discuss a lawsuit involving a patron being kicked out, sneaking back in bar, and falling; which resulted in a $200,000 settlement. Additionally, we will talk about a lawsuit involving an intoxicated guest when driving out of club parking lot, hit a club employee. The jury awarded $10 million to family of deceased in this case.
Liability – How Exposed Are You?
In the second part of the episode, we will focus in our your "window of liability" and how to assess how open your "window" is?
Questions covered will include:
- Can you ever close that window of liability completely? No! Learn why.
- What is the concept of "Reasonable Care"? Robert explains things you should do to reasonably protect your patrons and how a court views this concept.
- What is the National Industry Standard? The National Industry Standard is defined by the venues, national chains, industry associations, and legislation.
- What does the phrase “shock the conscious of the court” mean? An act so egregious it shocks the jury of a court.
- What is the life cycle of a typical civil lawsuit? Robert discusses the full cycle of a lawsuit starting with the time of the event all the way until you are presented a lawsuit.
- What is the spectrum of operators? Robert discusses the operators who are doing it right and limiting their exposure, as well as the ones who are overtly negligent and have the highest liability exposure.
- Who is responsible for managing the risk of liability? It is a risk that needs to be managed from the top down and requires a buy-in at all levels of ownership and management. Starting with the top – ownership!
Next week the guys will continue the conversation in Civil Liability Part 2, and discuss what you can start doing today to limit your exposure to liability.
***Reminder – Robert C. Smith and Manny Marquez are not attorneys. This show's topics are discussed in general terms. We highly recommend seeking and consulting a legal professional.
If you have questions or comments email us at questions@nightclubsecurity.com.
Visit our website at www.nightclubsecuity.com.
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