Lawsuit Against Restaurant for Alleged Assault by Security Guard Highlights Vicarious Liability

In a recent case that has brought attention to issues of workplace security and liability, a customer has filed a lawsuit against a restaurant after allegedly sustaining personal injuries caused by one of its security guards. This incident has raised questions about the restaurant’s responsibility for the actions of its employees and the enforcement of regulations surrounding the use of security personnel.

Background of the case

The security guard in question was a direct employee of the restaurant and had been assigned to carry out security duties during late-night shifts in August 2017. The restaurant, identified as El Paisano Northwest Highway Inc., doing business as Taqueria El Paisano, retained control over the guard’s work and the specific details of his employment.

Alleged assault and actions of the guard

According to the customer’s allegations, the guard allegedly grabbed her and forcibly dragged her out of the restaurant. In what can only be described as a distressing turn of events, he proceeded to place her in a chokehold, violently slammed her body onto the concrete, and landed multiple punches. Furthermore, the guard summoned another armed guard who proceeded to handcuff the customer and even pepper-sprayed her and her daughters.

Lawsuit and parties involved

In response to the harrowing incident, the customer initiated a lawsuit against multiple defendants. The lawsuit named the guard, El Paisano Northwest Highway Inc., and 250LB LLC, an outside security company operating under the name Delta Security Solutions. The crux of the customer’s argument rested upon El Paisano’s employment of the guard, claiming that he was not registered with any security company as mandated by the Private Security Act.

Trial court’s decision

Disappointingly, the trial court did not side with the customer’s claims. Instead, the court opined that the security guard, being an employee of El Paisano, had indeed assaulted the customer, intentionally, knowingly, or recklessly causing her bodily harm. This ruling appeared to overlook El Paisano’s potential liability for the guard’s actions, seemingly more focused on the individual involvement rather than vicarious responsibility.

Appellate Court’s conclusions

However, the decision was not the final word on the matter, as the case proceeded to the appellate court. Upon careful examination of the evidence presented, the appellate court drew some significant conclusions. Firstly, it found sufficient evidence to support El Paisano’s vicarious liability for the actions of the guard. Moreover, it was established that the guard worked directly for El Paisano without possessing the requisite license, as stipulated by the Private Security Act. The court also recognized that El Paisano had complete control over the details of the guard’s work and that the guard was indeed acting within the scope of his employment during the incident.

This highly consequential lawsuit serves as a stark reminder of the importance of adequate security measures and responsible hiring practices within the restaurant industry. The appellate court’s conclusions regarding El Paisano’s vicarious liability raise significant questions about the duty of care and supervision that businesses must exercise over their employees. Furthermore, the case highlights the need for strict adherence to regulations governing the employment of security personnel, ensuring that individuals possessing the appropriate licensing and training are entrusted with positions that demand the use of force. Ultimately, this case should serve as a catalyst for both restaurant owners and security companies to reassess their protocols, emphasizing the safety and well-being of their patrons.

Explore more

Why Are Small Businesses Losing Confidence in Marketing?

In the ever-evolving landscape of commerce, small and mid-sized businesses (SMBs) globally are grappling with a perplexing challenge: despite pouring more time, energy, and resources into marketing, their confidence in achieving impactful results is waning, and recent findings reveal a stark reality where only a fraction of these businesses feel assured about their strategies. Many struggle to measure success or

How Are AI Agents Revolutionizing Chatbot Marketing?

In an era where digital interaction shapes customer expectations, Artificial Intelligence (AI) is fundamentally altering the landscape of chatbot marketing with unprecedented advancements. Once limited to answering basic queries through rigid scripts, chatbots have evolved into sophisticated AI agents capable of managing intricate workflows and delivering seamless engagement. Innovations like Silverback AI Chatbot’s updated framework exemplify this transformation, pushing the

How Does Klaviyo Lead AI-Driven B2C Marketing in 2025?

In today’s rapidly shifting landscape of business-to-consumer (B2C) marketing, artificial intelligence (AI) has emerged as a pivotal force, reshaping how brands forge connections with their audiences. At the forefront of this transformation stands Klaviyo, a marketing platform that has solidified its reputation as an industry pioneer. By harnessing sophisticated AI technologies, Klaviyo enables companies to craft highly personalized customer experiences,

How Does Azure’s Trusted Launch Upgrade Enhance Security?

In an era where cyber threats are becoming increasingly sophisticated, businesses running workloads in the cloud face constant challenges in safeguarding their virtual environments from advanced attacks like bootkits and firmware exploits. A significant step forward in addressing these concerns has emerged with a recent update from Microsoft, introducing in-place upgrades for a key security feature on Azure Virtual Machines

How Does Digi Power X Lead with ARMS 200 AI Data Centers?

In an era where artificial intelligence is reshaping industries at an unprecedented pace, the demand for robust, reliable, and scalable data center infrastructure has never been higher, and Digi Power X is stepping up to meet this challenge head-on with innovative solutions. This NASDAQ-listed energy infrastructure company, under the ticker DGXX, recently made headlines with a groundbreaking achievement through its