Ep. 003 – Nightclub and Bar Security Civil Liability Part 2
Listen to this week's podcast
In this week’s show, Robert C. Smith and Manny Marquez discuss the important topic of Nightclub and Bar Civil Liability – Part 2, the follow up to last episode to Nightclub and Bar Civil Liability Part 1.
We are happy to see that we are getting downloads for across the globe – from Alaska to Australia. Very exciting for us! Please share us with industry friends, co-workers, and colleagues.
A big thank you to Anthony Krout for his glowing comment in response to last week’s episode.
“THANK YOU!!!!!! Mr. Robert Smith and Mr. Manny Marquez thanks for the Pod Cast!!! Its great that you took the time to send this to me, so I LISTENED to it and it was a great refresher to the fabulous training program that I sat through for 16 hours and another voluntary 5 1/2 hours when my security staff went through it!! It always shocks me when I go to other bars and see that some of this training never sank in!!! It is sad that our county ran out of funding to supply the training for free, but it is worth paying for to keep everyone safe and educated!!!! Thank you again, and I cant wait for the next Pod Cast!!!
FOR ANYONE WHO READS THIS, GO TO THE TRAINING ITS AWESOME!!!!!
THE TRAINING WILL MAKE YOU THINK A LITTLE DIFFERENT ABOUT GOING ANY WHERE IN PUBLIC!!!! IT WILL OPEN YOUR EYES TO A LOT OF THINGS YOU NEVER THOUGHT OF BEFORE!!!!!!!”
In The News!
Robert and Manny discussed news out of St. Charels Illinois where Bouncer Sues Patrons. It’s unusual for the industry and raises some interesting points.
Just a reminder before listening in – Robert C. Smith and Manny Marquez are NOT attorneys. The information they share in the podcast is general advice and shouldn’t replace specific, state and venue specific legal advice. In the event you need legal advice or help, please a professional in your area.
What can I start doing today to limit my liability?
There are actions you can take today to begin to limit your liability as an operator or doormen. Robert and Manny give you several tips on thinks you can start doing immediately.
Specifically, the follow steps are guidelines to actions you can take today!
- Do a self-assessment of your venue – What are you doing proactively to limit liability. What policies, procedures, and systems are in place to limit your liability and increase safety? What is being overlooked? Try to approach it with a new set of eyes to see the things you might miss because you may suffer from tunnel vision as the operator.
- Plan and hold a mandatory all staff meeting – Raise the awareness of your staff and layout a plan for changes to take place. Invite the feedback from your team to increase buy-in to changes. Have one-on-one meetings with you team to get feedback can help the process, give you creative ways to solve issues and/or create new ways of doing things, and facilitate participation.
- Change your hiring practices – Plan ahead! Don’t hire just to hire a warm body in a rush. Have a comprehensive interview and hiring process. Do background checks and make sure the individuals are qualified and capable to protect your business. Make sure you call references. Always document your hiring process so you can demonstrate to the courts that you have good hiring practices.
- Change/develop good habits in your business – Implement and live by your policy and procedure manual. Violating your own policies and procedures can hurt you in court. Develop good daily habits. Have regular and consistent routines for each shift – the beginning of, then end of, and in-between. All good sport-teams run the same drills every day to keep them sharp and on top of their game. Create proactive habits with your team to limit/eliminate potential liability issues.
- Implement a comprehensive documentation policy – If you didn’t write it down it didn’t happen! To reduce your liability you need to have good (even great) documentation practices. Make sure you document employee meetings, trainings and general business. Always document minor and major incidents. The more you document the better your defense if a lawsuit arises. The intensity of the documentation needs to match the intensity of the incident.
- Training, training, and more training – This is the number one thing an owner can do to limit liability. Develop and implement regular and on-going training program. Make sure to document your training, it can serve as a good defense if need be. Utilize proven training material to reduce time, effort and costs associated with training. Nightclub Security Consultants has full in-person and online training available If you are in California all guards who are in contact the public, wear a distinctive uniform, and do not carry a weapon are required to have a California Proprietary Officer License. Check out our on-line training program.
Remember that awareness of the potential liability is half the battle! You then need to take steps to limit the potential for liability. You can never completely eliminate liability, you can never close the window completely, but you can reduce it greatly with proactive and forward thinking. Lawsuits will happen in our business, how prepared will you be to fend off or fight these lawsuits. Don’t wait. Get started today!
Some smart and proactive insurance companies consider significant discounts on liability insurance premiums when their clients participate in approved training programs. Pike Barber with Hospitality Insurance Agency and Cliff Ziegler with Restaurants Programs of America are two of the smart insurance providers providing such discounts.
Nightclub Security Consultants Upcoming Dates
July 22nd to 24th, 2013
Los Angeles Area PSO Training at the Crocker Club at 453 S Spring St. More info here.
July 29th to 30th , 2013
Washington DC area National Host Training at The Shadowroom in cooperation with Restaurant Association Metropolitan Washington – at 2131 K St. NW, Washington, DC 20037. More info here.
August 20th to 22nd, 2013
We will be showing and Robert C. Smith will be speaking at the ED Publications – 2013 Gentlemen’s Club Owners EXPO & Tradeshow. Registration is still available if you would like to attend.
***Reminder – Robert C. Smith and Manny Marquez are not attorneys. This show’s topics are discussed in general terms. We highly recommendseeking and consulting a legal professional.
If you have questions or comments email us at email@example.com.
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