Articles Tagged with Georgia Nightclub Assault Victim

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We Fight for Victims of Nightclub Negligence in Georgia …Contact us Now for a Free Consultation.

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The Murray Law Firm has recovered millions of dollars for victims of unsafe properties in Georgia, and recently obtained a $29.25 million dollar verdict for one of our Clients in Fulton County State Court.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.


The last hour, through closing, of a nightclub or bar can be the most dangerous for patrons and challenging for staff, in terms of safely managing crowd flow and behavior.

Nightclub & Bar warns, “it can be problematic if not monitored and proactively managed.” Some closing time security issues and management tips are listed below.

Historical Incidents at Closing Time

A high percentage of incidents occur in the hour before, during and immediately after a venue closes and the longer the venue stays open the higher the risk for incidents. Bar and nightclub owners and managers need to make sure that their staff doesn’t become complacent and that they are constantly on alert; looking for areas of suspicious activity. Staff reductions or under staffing can also leads to more incidents and the improper handling of issues that may arise.

Your staff also needs to keep a close eye on patron’s right before and during last call as patron consumption rates increase and social behavior is impacted. Failure to proactively interact with patrons during closing time and making them aware of the security staf
fs presence can also lead to inappropriate behavior.

Revenues vs. Risk Exposure

Evaluating the real revenue picture during the last hour of operation and understanding that in most operations, those that have increased revenues near closing time have more police involved incidents. The risks associated with the increase in sales/revenue in the final hours of operation include the risk of fights and altercations, customer complaints and service incidents, and violating local liquor laws and alcohol management.

Best Practices

In order to keep you patrons safe and reduce incidents during closing time you need to:

  • Evaluate and have a closing plan
  • Use the POS System for closing time analysis
  • Evaluate last hour cover charge policy
  • Proactive management interaction with patrons during last hour
  • Work to mitigate staff complacency
  • Practice heightened alcohol awareness during last hour
  • Manage the social behavior because they are impaired

Read the full article here.

Nightclub Responsibility and Patron Rights

By law, bar and nightclub owners are required to protect all guests legally on the premises from any foreseeable harm. Should the property owner or management company fail to provide adequate safety and security measures, they may be held civilly liable for any injuries or wrongful deaths which occur as a consequence.

 


Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
SAC EM Update

Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Young People Waiting Outside Nightclub

Following a spree of violent nightclub crime, which resulted in the death of two young women, the NYPD has formulated a set of best practices “in order to guide the nightlife industry in making itself more accountable and preventing the kind of crime and disorder problems that bring it into conflict with law enforcement agencies.”

The Murray Law Firm represents many victims and families who have been devastated by nightclub violence. It is our hope that nightclub owners and managers across the country will collaborate with their local police departments to implement the security measures and training necessary to deter crime and protect their patrons. We have highlighted some of the NYPD’s best nightclub security practices below.

Nightclub Owners: NYPD Nightclub Security Best Practices

  • There should be a minimum of one licensed and trained security guard in every premise when 75 or more patrons are present at the same time. For larger premises, there should be one such security guard for every 75 club patrons present. Discretion should be used by management to determine the appropriate number of security based on the event or crowd to ensure safety and lawfulness.
  • Security guards should be trained in techniques to de-escalate potential violent encounters and difficult situations.
  • Establishment policy should mandate that security personnel separate and remove all potentially violent patrons in a manner consistent with the law in order to prevent a continuation of violent activity inside or outside the club. Establishments must call 9-1-1 to report criminal activity and may call 9-1-1 or otherwise notify police for assistance in these circumstances.
  • It is recommended that security guards be distinctively and uniformly attired–that is very easily identified.
  • It is recommended that security guards be distributed evenly throughout the establishment and not just at the door.
  • It is recommended that properly working and maintained digital cameras be mounted in front of the establishment (both inside and outside), at all entry doors, and outside the bathroom doors.
  • It is helpful to learn if all of these efforts are working. To that end, establishments should hire an independent security consultant to ensure club security and to see that the establishment is adhering to other laws and policies, including laws prohibiting sales to minors.
  • Establishments should ensure that levels of lighting inside and outside the establishment are sufficient for observation by security.
  • All those awaiting admission should be placed in a line that does not block the sidewalk. All individuals in admission lines should be informed that if they are not orderly, they will not be admitted. Individuals who will not be admitted should be encouraged to leave the area.
  • At closing, security should ensure orderliness when patrons are exiting the establishment.
  • If metal detectors are used, every patron should be subjected to magnetometer searches in accordance with establishment policy. VIPs, DJs, entourages, and so on should not receive special treatment.
  • Spot checks of employees should be conducted to ensure compliance with establishment policies and applicable laws and rules, including integrity tests for false IDs and underage sales.
  • The use of ID scanning machines is strongly recommended. Although they do not reject legal IDs used by other individuals, nor are they foolproof in rejecting fake IDs, they are extremely helpful in recording who is entering the establishment.
  • Establishments should not admit anyone under 21, except for establishments operating primarily as restaurants during those hours in which meals are served.
  • If bottle purchases are allowed, establishments should not admit anyone under 21. Establishments must take sufficient steps to ensure that tables are closely monitored to prevent underage drinking or overconsumption.

Read All 60 NYPD Best Nightclub Security Practices: Formulating Best Practices for Nightlife Establishments

Police & Nightclub Owner Collaboration

Many local law enforcement agencies provide workshops and training seminars for nightclub owners, managers and staff. Nightclub owners should connect with their local police department to enroll in, or help create, a nightclub security and safety training program.

Victims of Nightclub Violence

By law, nightclub owners and managers are required to protect all patrons legally on the premises from any foreseeable harm. Should a nightclub owner or manager fail in this legal duty, victims and their families may elect to pursue a legal for any injuries or wrongful deaths, which occurred as a consequence. Under such claims, the victims may be entitled to an award of damages that could include, among other items, substantial monetary compensation for: pain and suffering; past and future medical expenses; loss of wages and future earning capacity; disfigurement; and, emotional distress.

Photographs and a thorough inspection of the scene will need to be performed on behalf of the victim immediately before any evidence, such as register receipts or surveillance footage, may be destroyed. As such, it is imperative victims speak with an experienced premises liability firm immediately to ensure their interests are protected.

We are here to Help. Contact us for a Free Consultation.

The Murray Law Firm has extensive and successful experience in representing victims of nightclub violence and security negligence in and we offer our legal expertise, if desired. Anyone seeking further information or legal representation is encouraged to contact us at 888.842.1616. Consultations are free and confidential.

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Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
SAC EM Update

Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

The tragic August death of GSU freshman, Michael Gatto, has rallied many in support of Michael’s Law, a bill which would keep underage patrons and bouncers out of bars. House Bill 152 passed the Georgia House of Representatives on Friday, March 13th and now awaits review in the Georgia Senate.

Connect Statesboro Reports:

Since the death of GSU freshman Michael Gatto at Rude Rudy’s last August, Statesboro has been a hotbed of contention over underage alcohol sales and bar attendance. Police charged Grant James Spencer, then 20 — a bouncer who was at the club but reportedly off-duty at the time — with aggravated battery and felony murder. Gatto had arrived as a freshman at Georgia Southern University about two weeks earlier. Spencer, who was also a GSU student, remains in jail awaiting trial. Rude Rudy’s closed after Gatto’s death, and the club’s owner surrendered his alcohol license to the city.

In response to their son’s death, Gatto’s parents have been working to pass a bill that would keep underage people out of bars and away from alcohol. Last Friday, March 13, the Georgia House of Representatives passed House Bill 152, which proposes several changes to alcohol regulation laws statewide.

WHAT IT DOES

Here are the bare bones: The Georgia House of Representatives approved legislation to define what bars are, make 21 the minimum age to enter one or work as a bouncer, and place new demands on cities, counties and businesses to report alcoholic beverage violations.

BREAKING IT DOWN

What’s a bar?

According to the new legislation, a bar is a place that derives 75 percent or more of its revenue from alcoholic beverages. The Department of Revenue will be able to look at the monthly sales tax reports of each venue to determine where its revenue is coming from.

Under this definition, Statesboro technically doesn’t have any “bars” — only restaurants that serve alcohol but derive more than 50 percent of their revenue from food sales, or “sports restaurants” required only to have a food permit. However, if any Statesboro venues were to be audited and found to derive 75 percent of their revenue from alcohol sales, they would have to change their status to “bar” and enforce the under-21 restrictions.

The 21 rule

Under HB 152, a person have to be at least 21 years old to enter a bar. That applies to employees as well as customers, although the bill doesn’t explicitly include bartenders or servers.

Bouncers—defined as “individual(s) primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof” — must also be 21 years old.

Required reporting

Alcohol license holders must self-report any violations of local, state or federal alcohol laws to the Georgia Department of Revenue within 45 days of the violation.Cities and counties must also report any violations within their jurisdiction to the Department of Revenue. The revenue commissioner can issue fines of up to $750 for license holders who fail to report violations

SO IS THIS A DONE DEAL?

Not exactly. The bill has been passed in the Georgia House of Representatives and still has to go through the Georgia Senate. The Senate could alter the bill or hold off on passing it, meaning it wouldn’t come up again as a potential law until next year. Also, to become an official law, it’s going to need the governor’s signature.

Read the full article at Connect Statesboro and follow House Bill 152 at the Georgia General Assembly.