Bouncer, Doormen, Security Guards

We provide Expert Witness testimony for both plaintiff and defense relating to claims of negligent security. Click here for a copy of J. Patrick Murphy's C.V.

• Bouncers and doormen
• In-house guard staff
• Contract security guards
• Retail Loss Prevention personnel in shoplifting apprehensions. 

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Negligent Security torts generally assigns/alleges fault to a security provider such as a proprietary or contract security guard service, or the bar and lounge sector with bouncers and doormen.  In general terms law suits are brought when there is personal injury or loss of assets and  it is alleged that the security provider failed to perform their duties because of negligence.  The negligence factors will generally follow a path of negligent hiring, negligent training and negligent supervision.

We have been involved in numerous cases of negligent security and, as happens with any failure, there is not just one single issue that initiated the civil action but rather the totality of the events leading up to the event made basis for the cause of action.

A recent law suit brought against Walmart and Wackenhut (Wackenhut Negligent in Walmart Parking Lot Murder) demonstrates the critical nature of hiring, training and supervision.  Post Orders or other agreed upon written duties must be adhered to ensure clients are receiving the maximum benefit of the services.  Accountability, in the final analysis, is determined through daily reports and supervisor's reviews.

Negligent Hiring :

Background checks can be as simple as calling references or as complex as finding old elementary school teachers for comment.  The application process should always include a requirement of listing employment for the past 7 years and a disclosure of any criminal conviction (felony and misdemeanor as an adult) which would include suspended sentences and deferred adjudications.  Many companies request disclosure of felony convictions but there are still serious misdemeanor offenses that may cause a company problems if not revealed.  Most states require contract security personnel to be fingerprinted and checked by the FBI.  However, in-house security, such as those in retail loss prevention or bouncers, is rarely regulated by State regulatory agencies but that does not preclude applicants from undergoing a thorough vetting.

Regardless, conduct background checks and document the content of those efforts.

Negligent Training and Negligent Supervision:

These two generally go hand in hand in allegations in these torts.  What may surprise customers of contract security companies is that, depending on the state, the mandated minimum of hours of training may be as low as 0.  States usually require the teaching of  standardized training material, a final test and handgun qualification if necessary.  Regardless of the amount, method or manner of training, it should be well documented.  Without the acknowledgement of training AND documentation of an adequate level of understanding (usually by a test) it would be difficult to convince the court that proper training had taken place.  Training documentation is critical in defending law suits regardless of the type of security performed.

Since not all needed knowledge comes from a formal classroom setting, the use of on-the-job (OJT) training will always be a part of the overall training.  Generally, the direct supervisor is responsible for this type of training but, nonetheless, documentation of this training needs to be made as it happens.  Checklists are helpful to ensure everyone receives specific information after formal training has ended.  However, at a minimum, training topics that are covered should be well documented on any daily reporting for either the supervisor or the post for the guard.

Excessive Use of Force:

The use of force to arrest, apprehend, or restrain an individual requires specialized training.  Without training, confrontations can quickly erupt into physical altercations that result in injury to the employee, the offender, and possibly customers.  Training also prevents unwarranted escalation of force.  Torts in this area are often costly when appropriate training could have prevented the basis for the suit.

Bouncers and bar personnel are often called into confrontations with individuals who are intoxicated, angry, and somewhat out of control.  Protecting the other patrons and themselves may be difficult at times but the safety of the person being confronted is equally important.  Unfortunately these confrontations are high risk and there is usually little or no training provided or required to enable proper handling.  Club owners and managers should have a process in place, such as reporting, to keep them informed of assaultive confrontations with customers.  Specific "rules of engagement" should be defined as to how situations are to be handled and included in training/orientation.  Use of excessive force should not be tolerated nor should foot chases be allowed.  Video cameras can be installed at the entrance/exit also provide a clear record of events.  The cameras also provide employers the ability to review incidents to further training or cause disciplinary action to be taken.

Absence of Security

Negligence claims are also the result of allegations that there were security personnel on site but were either not at the assigned position or the number of personnel was insufficient.  Owners and managers should know where the "hot spots" are within the club and assign personnel accordingly.  Emergency exit doors should have an exit alarm (and visual strobe) to notify of an unauthorized exit.  Due to the noise and other lighting, manning those doors may be more appropriate.

Restrooms can turn into a hot spot for violence and other criminal activity if not adequately monitored.  Restrooms should be well lighted and should be frequently checked by all staff.  Patrons who have confrontations at the bar can be followed into a restroom and become a victim of an assault out of the view of employees.  This is possible in either the men's or women's restrooms.  Criminal activity such as drug use/sales are also of high risk just due to the limited visibility within the room itself.

Contact us if you have a question about security guard negligence claims.