Gray Matters Summer 2010
June 2010
When Bouncers Act, How Can Liability be Limited?
By: Rene Faucher
Published: Nightclub & Bar
Magazine
How far must a bouncer in a bar or nightclub go to protect a customer? Is the bouncer registered? Is he required to take a bullet? Unfortunately for those who own bars or nightclubs in California, a state worth watching for its progressive regulations regarding security guards, the answer is not straightforward and the decision may be one for a jury, based on the circumstances. However, there are ways in which you may potentially reduce your exposure to liability.
In California, a bouncer is considered a security guard. Essentially, there are two kinds of security guards working in bars and nightclubs: those employed directly by the bar or nightclub and those employed by a private patrol operator who contracts with the bar or nightclub to furnish a security guard. Usually the contract is for the security guard to protect persons or property. A security guard employed directly by the bar or nightclub must not be armed, whereas a security guard employed by a private patrol operator can be armed.
Continue reading Serve
and Protect
to find out how to protect your establishment.
in High Stakes Arbitration Matter
Patrick
Roberts
achieved a significant defense verdict on behalf of a sheet metal subcontractor in a high stakes construction defect arbitration matter involving a high end single-family home in Montecito, California. Gray·Duffy was retained to defend the client
very late in the discovery process after expert depositions had commenced, and about 30 days before the arbitration hearing.
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Gray·Duffy, LLP is pleased to announce that Jack M. Liebhaber has joined the firm as a Senior Associate. Mr. Liebhaber brings more than 25 years of litigation experience to the firm, including more than 60 jury trials. His primary focus is litigating
cases involving catastrophic personal injuries and wrongful death.
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| So You Think You Know the Law…
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| Test your knowledge on legal issues by answering true or false to the following questions. Click the (True or False) links for the answers. 1) A non-competition clause in an employment contract is enforceable in California. ( True or False ) 2) Employment case related awards by arbitrators can be overturned in civil courts. ( True or False ) 3) A staffing agency can be sued by its employee for harassment that takes place in another company. ( True or False
) 4) An employer is required to pay an employee’s attorney’s fees if the employer is found liable for harassment, discrimination and/or retaliation under the California Fair Employment and Housing Act. ( True or False
) 5) Employers are required to pay overtime only if an hourly employee works over 40 hours in one week. ( True or False
) |
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Please Note : This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.