Q: Special Employment - Joint Responsibility
If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or does my bar implicitly accept liability of the suspended company in the event of a lawsuit arising from the act of the security personnel provided by the suspended company or any injury/damage that the security personnel suffers while on my premises?
I would appreciate you provide me source and authority as well.
A: If you want legal research, you'll have to pay for it. This isn't a place to get free, detailed legal advice. Attorneys volunteer their time to answer questions for consumers in need. Issues of liability, special employment, agency, insurance, are complicated. Those answers aren't available for free, and even if you pay, the answers will be qualified because facts change with every possible claim and lawsuit.
Robert Philip Cogan agrees with this answer
A: Why would you willfully/negligently contract with a company in that postion? There are penalties for such but as the previous attorney stated - every situation is unique and different. So even if someone wanted to give you free advice it wouldn't be very good based on the premise of your question. Go talk to an attorney in your area.
A: If I read between the lines of your question, you have been sued because the bouncer roughed someone up, and they claim that you "willfully/negligently" hired a bad security company. I am not trying to be rude, but you won't find the help that you need here, you need to hire an attorney to defend you and your bar against these claims. I just don't see a bar owner asking this kind of a specific questions out of curiosity about what the law says. The short answer is, you and your company could be liable depending on the details of the facts. It is all in the details.
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