Restaurant Customer Claims Rape Against Bartender
A lawsuit filed recently in Houston, TX claims a bartender at the restaurant, Brennan's of Houston drugged and then raped a customer. The customer also claims a former manager as allegedly aiding and abetting in the assault, and is seeking further damages from Brennan’s for negligence and liability.
The Claim:
A female was spending time at Brennan’s with a male colleague on Oct. 19, 2015. The female's colleague left, and she proceeded to order dinner at the bar where the bartender allegedly served her a spiked drink, the lawsuit alleges. According to the lawsuit, the customer did not remember anything else about the night. The lawsuit claims surveillance video shows her impaired and being led out of Brennan’s by a manager plus a female associate of the men in the presence of the bartender and another Brennan’s manager. The lawsuit states that the customer briefly regained consciousness in the early morning hours while the bartender was violently assaulting her. She recalls waking in the morning where the bartender and manager were mocking her and the lawsuit claims that the bartender attempted to rape her again. A hospital assessment in the lawsuit states, suffering from “significant vaginal injuries consistent with rape.” The manager and bartender were terminated. The lawsuit holds Brennan's accountable.
Brennan’s says it condemns “what she states happened to her in the strongest terms,” the restaurant disputes the contention that Brennan-Martin is “responsible for the actions of individuals off work and off premises.” In 2017, the customer informed Brennan’s that she would be pressing charges against one of the employees.
Which Insurance Coverage Applies to this Claim?
If you own a business, you can be held responsible for the actions of your employees. Sexual misconduct by a company executive or employee can result in a variety of legal claims against the company. If the victim is an employee, a supervisor’s unwanted sexual advances or other sexual misconduct can form the basis for a sexual harassment claim against the employer.
If a claim is filed agains your company, Employment practices liability insurance (EPLI) will most likely be the source of coverage for your company. EPLI covers businesses against claims by workers that their legal rights as employees of the company have been violated. The policy will reimburse your company against the costs of defending a lawsuit in court and for judgments and settlements. The policy covers legal costs, whether your company wins or loses the suit.
Several claims that EPLI can provide coverage for:
Sexual harassment
Discrimination
Wrongful termination
Schedule a consultation for your business to discuss EPLI coverage by calling or texting 281-549-5264 or emailing us at consultation@chicksinsurance.com.
