Legal Question in Personal Injury in Maryland
Vicarous Liability
Does ''goofing around'' constitute contributory negligence or assumption of risk. What, if any, excessive force have on contributory negligence or assumption fo risk. Bouncer/security guard was ''horsing around'' within scope of his employment with patron. If someone is versed in marital arts is that person held in to a ''higher standard''?
2 Answers from Attorneys
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.