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When Can You Sue for Violence at a New York Restaurant?

When you visit a New York restaurant, the last thing you want is to experience violence. A trip to a restaurant is supposed to be an opportunity to relax and enjoy interesting flavors, and the assumption is that you’ll be safe while doing so. Due to the increasing levels of violence in New York, the chances of a violent altercation at a restaurant are high. Recent statistics show that youth violence is a particularly alarming problem in New York City. If you have experienced violence at a restaurant and you believe that the property owner could have done more to prevent your injuries, a negligent security lawsuit may be possible.

Suing for Injuries Caused by Security Guards

Perhaps the most obvious case of negligent security is one in which the security guards themselves cause injuries to customers. On September 19, 2023, it was reported that a customer was suing a restaurant for injuries sustained due to an altercation with a security guard back in 2017. Apparently, the service was quite slow that night, and a group of three female customers ordered tortillas that arrived too late. The customers then asked the manager to remove the $2.50 charge for the tortillas. After a verbal argument, the manager directed the security guard to remove the customers from the store.

At this point, the security guard allegedly dragged one customer from the store, put her in a chokehold, and punched her. He then called in a second security guard who handcuffed the customer and pepper-sprayed the other two women. In the resulting lawsuit, it was established that the security guard should be considered an “employee” of the restaurant. Therefore, the restaurant was held liable for the injuries sustained by the customer.

Suing for Allowing a Dangerous Situation

Restaurants may also be sued for allowing a dangerous situation to develop. Such was the case when Whataburger was recently sued after an altercation in the parking lot. After being rear-ended by another driver, a customer asked the drive-thru attendant to call the police on her behalf while she parked and waited in the lot.

For whatever reason, the attendant then told the other driver that the customer ahead of him had requested police presence. This caused the second driver to approach the other customer in the parking lot, and a violent altercation ensued. This resulted in the first customer suing Whataburger for negligent security, inadequate security training, and other issues.

Where Can I Find an Injury Attorney in New York?

If you have suffered injuries due to violence at a restaurant or any other establishment, it may help to consult with a qualified, experienced personal injury attorney in New York. Choose the Glassman Law Group to discuss the most appropriate course of action, including the potential for a negligent security lawsuit. This may provide you with compensation for medical expenses, missed wages, emotional distress, and other damages.


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