[Club Security] Trevor works security at Night Club and often has to escort rowdy patrons outside of the club. One night Trevor was called to separate a fight that started between Zack and Pat. When Trevor approached the fight, he saw Zack on top of Pat, punching him repeatedly. Trevor approached Zack and yelled, "Stop!" and "Security!" Zack would not stop punching Pat. Trevor removed Zack from Pat and tried to restrain him as he was thrashing around the bar. Zack head-butted Trevor in attempt to get away, causing Trevor to fallback. When Trevor stood back up, he threw a chair toward Zack but hit Pat on accident, resulting in a broken leg. Trevor then observed Zack attempting to fight with other customers and tried to take him down by jumping on his back. Zack was injured and suffered a pelvic fracture. Trevor received help from other bar patrons and Zack was escorted out of the building and detained until the police arrived.
-If Pat sues Night Club for his injury, will it be liable?
A) Night Club would not be liable because Trevor was not acting within the scope of his employment.
B) Night Club would not be liable because Trevor's acts were not criminal or tortious.
C) Night Club would be liable because Trevor was negligent when he hit Pat with the chair.
D) Night Club would be liable because it should have anticipated an injury similar to Pat's based on the type of business it conducts.
E) Night Club would not be liable because Zack started the fight.

Question

Quizplus · Accepted Answer

Trevor, while acting in his capacity as a security guard for the Night Club, accidentally injured Pat by throwing a chair that resulted in a broken leg. This act can be considered negligent because it directly caused harm to Pat, making the Night Club liable for the actions of its employee during the course of employment.

[Club Security] Trevor Works Security at Night Club and Often