Re: Vicarous Liability

A bouncer or security guard does NOT have the right

to "horse around" or "goof" with a partron and not be

subject to damages. Neither comedy or humor are part of the

job duties. Any damage that results to a patron is recoverable.

Whether a patron is contributorily negligent or has assummed a risk

by "fooling around" with a bouncer or security guard who is "goofing off" is a fact laiden inquiry.

Reasonable expectation of the bouncer or security guard's behavior is but one factor that MAY apply.

Where one holds a qualification in martial arts, one is held to a higher standard. Obviously, the complainable

matter should relate to the qualification and again this is a fact laiden inquiry.

If a bouncer or security guard is attempting to avoid liability for personal injury by defending with the patron assuming the risk or being contributorily negligent, you should contact an attorney.

I am available at (410) 799-9002 or leave a message.

Re: Vicarous Liability

There are way too many facts left unstated in your question. What actually happened? It sounds as if a patron at a club was injured by a bouncer? Is that what happened? If so, are you the patron, the bouncer, the club owner, or someone else?

The doctrines of assumption of the risk and contributory negligence are defenses that one raises against a lawsuit for negligence. Their applicability is entirely dependant upon the exact facts of the case.

If there has been an injury caused by a bouncer, you should recite more facts and describe the sequence of events, and the nature of the injuries.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.