Name of Case: Novak v.Club Zei, et al.
Type of Action: Negligent Security/Third Party Assault – Nightclub
Type of Injuries: Head Injuries/Brain Damage
Court: U.S. District Court, Washington, DC
Verdict/Settlement Amount: $4.1 million jury verdict
Attorney for Plaintiff: Patrick Regan, Regan, Zambri & Long LLC, (202) 463-3030
Security Expert for Plaintiff: Norman D. Bates, Liability Consultants, Inc.
OTHER USEFUL INFORMATION: Plaintiffs were patrons at Club Zei in Washington DC. The plaintiffs were attacked by a group of assailants when they left the club through the exit door. There was no security assigned to the exit door area.
Mr. Bates testified that the risk of unruly behavior is inherent when patrons are potentially intoxicated and that the end of the evening, at closing time, is inherently more dangerous than other times of the evening as patrons are more likely to be intoxicated, and any confrontations potentially started inside may be carried outside the club.
Mr. Bates testified that the area into which the patrons were required to exit at the end of the evening was a more isolated area than the main entrance. The patrons exited into a small alleyway, away from the front door. Not having a security presence in this location at the time of departure of the patrons increased the risk of assault.
Mr. Bates opined that the security provided by the defendants was inadequate given the risk of crime at the property, that the defendants should have provided a security presence outside the club to ensure the safety of the patrons as they exited the club, and that the off-duty officers failed to monitor the outside activity around closing time. Mr. Bates testified that, given the facts of the case, had the officers been outside, they would have been a visible deterrent and would have been able to instruct any loiterers in the alley to move along. As a club security officer was already stationed inside the exit area to monitor for patrons exiting with bottles or glasses, the off-duty police officers should have been stationed outside for the protection of the patrons departing the club.
Mr. Bates testified that the common practice of nightclubs at the time of this incident was to have a security presence outside the establishment to ensure the safe arrival and departure of patrons. The defendants acknowledged that other major nightclubs in the area utilized off-duty police officers and security personnel outside until the patrons had departed.