Tommy Pham, a former Tampa Bay Ray and current San Diego Padres outfielder, recently sued a San Diego area strip club after he was stabbed in the establishment’s parking lot. While it may seem odd to hold the strip club responsible for an incident which occurred outside of the establishment, and which did not involve any of its employees or agents. However, negligent security lawsuits against property owners are permissible in accord with America’s tort laws.
Essentially, a plaintiff argues that an individual was allowed to get out of control because of a security failure of the establishment. Establishments are required by law to ensure the safety of their guests. When they fail, they can be sued by injured parties under the legal theory of negligent security.
What happened?
Because the case settled rather than proceeding to trial, there is limited information publicly available. Nonetheless, the fact that the strip club’s insurance company was willing to settle (according to Pham) for the policy limit does show that the strip club’s insurer thought that Pham had an exceptional case. Pham claims to have showed that he was not intoxicated at the time and was not the aggressor.
Elements of negligence
Establishments cannot be responsible for predicting every act of random violence. However, the law requires that they take certain measures if or when a serious violent injury occurs at their establishment. This proves that the strip club had foreknowledge that violence could erupt. If they did nothing to curtail the violence, they could be liable. In most cases, the defendant will accuse the plaintiff of starting the altercation that led to their injury. In this case, Pham was able to successfully prove that this altercation was not his fault.
Damages
Pham struggled at the plate earlier in the season as he was recovering from the stabbing, which negatively impacted his batting average and his value as a free agent. It’s also likely that ball clubs will attribute the incident to some character issues on his part. Whether this is fair or not, it is safe to assume that it will have an effect on potential contract offers. Since the loss of income is compensable, the policy maximum was appropriate. Pham also has medical expenses and pain and suffering damages for which he could be compensated.
Negligent security lawsuits
A successful negligent security lawsuit establishes that a defendant-proprietor had reason to know that the individuals they were inviting onto their property were in danger. Since the club knew that violence was possible, their failure to employ adequate security to protect their patrons was negligent. It is on this basis that Pham was able to win his lawsuit.
Talk to a Tampa Personal Injury Attorney Today
If you’ve been assaulted at bar or nightclub, call the Tampa personal injury attorneys at Palmer | Lopez today to schedule a free consultation and learn more about how we can help.
Resource:
yardbarker.com/mlb/articles/padres_tommy_pham_settles_strip_club_lawsuit/s1_13132_35253635
