[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 Night Club's procedure was to contact the police and not break-up fights, would Night Club be liable to Pat?
A) Night Club will not be liable because Night Club did not authorize Trevor's actions and has a policy against breaking-up fights.
B) Night Club will not be liable because Trevor's actions are covered under the good Samaritan law.
C) Night Club will be liable because Trevor was negligent.
D) Night Club will be liable because it should have known Trevor would engage in these types of actions.
E) Night Club will not be liable because Trevor is an independent contractor.
Correct Answer:
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