AS THE ECONOMY CONTINUES TO WORSEN, RESTAURANTS EXPOSE THEMSELVES TO LIABILITY AND OTHERS TO HARM WITH INCREASED LATE NIGHT HOURS, INADEQUATE SECURITY AND IMPROPER BACKGROUND CHECKS ON EMPLOYEES - A PHILADELPHIA INADEQUATE SECURITY LAWYER WEIGHS IN.
Imagine this scenario, you go to a restaurant or franchise later in the evening to enjoy a meal and you are assaulted, stabbed or shot by one of the restaurant’s employees. Imagine another scenario, you are at your home, order takeout, and the delivery man comes and assaults or kills you or a loved one.
In the last few months, Philadelphia personal injury attorney, Jeffrey Reiff, was contacted by individuals who had each suffered a separate and catastrophic incident as mentioned above.
Many restauranteurs employ security systems, attend conferences, hire the best security consultants and set forth rules to insure a safe, crime free workplace and the safety of their customers and employees. But despite the focus on security, horrible crimes are defeating the best systems in place. According to an article published in Nations Restaurant News (www.nrn.com) since 2003, 341 restaurant employees and an unknown number of guests have been murdered on restaurant properties according to the U.S. Bureau of Labor Statistics. Although the number of deaths fell more than 25% between 2003 and 2004, the number is headed north again, jumping nearly 21% from 73 deaths in 2005 to 88 deaths in 2006.
The NRN article quotes Chris McGoey, head of Crime Doctors, a security consulting firm with offices in San Francisco and Los Angeles, “All the studies I’ve seen say that late night retail and your businesses (restaurants) are the leading sites of employee homicides in the United States and the number one place for male fatalities in the workplace”. Mr. McGoey goes on to state “As more chains open 24 hours, we will experience more workplace violence, serious injuries and death in the restaurant business because I don’t think your industry gets it”.
In Pennsylvania, a restaurant owner, including but not limited to a franchisee, owes a duty to exercise reasonable care to protect his or her patrons and employees from harm. If the owner or franchisee fails to exercise reasonable care in screening employees or protecting employees from unruly patrons or failing to protect customers from unruly employees, they may be responsible for compensatory damages sustained by the individual who sustains an injury or death. A personal injury claim can be made against an owner, operator, employer or employee for criminal assault. Although it is likely that the criminal system would also prosecute the offender for the unlawful activity, the civil justice system may also permit the defendant to pay compensation to the injured plaintiff. Under the law of the Commonwealth of Pennsylvania, a company may be held liable for the misconduct of their employees and even other unruly patrons towards customers.
If you or a loved one is the victim of an assault and battery crime or a personal injury at a restaurant/bar and have suffered damages as a result, you deserve to be compensated for those losses. You should contact an experienced personal injury and premises liability lawyer who can investigate the case and determine whether the person who committed the assault has appropriate assets or insurance to cover your damages. Damages recoverable include medical expenses, lost wages, lost future earning capacity, pain and suffering and punitive damages.
At the Pennsylvania inadequate security law firm of Reiff and Bily, we have successfully represented victims injured in assaults resulting from inadequate security at restaurants, hotels, apartment complexs, cruise ships and recreational parks. The law of Pennsylvania requires individuals and businesses such as restaurant owners, employers, hotel operators and apartment owners to take reasonable measures to insure the safety of their employees and customers. The safety of employees, customers and guests should be the top priority for restaurant owners and operators.
Since 1979, the experienced and inadequate security lawyers at the Pennsylvania law firm of Reiff and Bily have aggressively represented clients that have been injured while on other people’s premises including hotels, motels, restaurants, apartment homes, shopping malls, casinos and cruise ships. We have been able to successfully prove that a breakdown in the owner/operator’s security system not only can encourage criminal activity but it can also result in the owner/operator’s liability and resulting monetary damages to the crime victim for negligence. We have worked carefully with top investigator’s and criminal enforcement officials to perform our own investigation to determine whether or not an inadequate security concern lead to the offense. We also examine past incidences of abuse and criminal activity at the location and surrounding areas that should have placed the owner/operator on actual or constructive notice that a potentially dangerous situation existed with regard to serving customers or visitors to the property.
If a commercial property owner is aware of a crime in the immediate or surrounding area, they have an obligation to take steps to secure their premises such as hiring highly qualified security guards, as well as implementing safety procedures to insure customer safety. Security guards and other employees should be subjected to background checks and follow a mandated security protocol to insure visitors safety while on the premises. Many times we have found that the security force is outright negligent in the basic performance of their duties and tasks, which results in serious crimes being perpetrated on their watch. As a result, the property owner is legally responsible for any harm suffered by the unsuspecting resident or patron. Many times, extensive discovery investigation will easily reveal that a breech of security was prevented and therefore the owner of the property or operation is civilly liable to pay monetary damages to the injured person.
At the Pennsylvania inadequate security law firm of Reiff and Bily, we are experienced in handling negligent security cases on behalf of victims of physical assault, robbery and death. If you suffered a physical injury, assault, sexual molestation or robbery because of negligent security, we will be glad to begin an immediate investigation into your case to preserve evidence and properly prepare your case.
If you would like a free consultation, please feel free to contact us to discuss your rights in a negligent security breech case at 1-800-421-9595 or www.reiffandbily.com.
