What is Assault and Battery Coverage?

Assault and Battery Coverage is specialized insurance protection for claims arising from physical altercations on your restaurant premises, typically excluded from standard general liability policies.

What you need to know

Standard liability policies specifically exclude assault and battery, so you must add this as an endorsement. Without it, you have no coverage if a fight breaks out among customers or if security personnel use force.

How assault and battery exclusions work:

Most general liability policies contain an assault and battery exclusion that denies coverage for:

• Injuries from physical altercations between customers
• Use of force by security staff or bouncers
• Claims of inadequate security that allowed violence to occur
• Allegations of over-serving alcohol leading to violent incidents
• Staff involvement in physical confrontations with patrons

This means your standard policy will NOT cover:

• Medical bills for injured patrons
• Legal defense costs for lawsuits
• Settlements or judgments against your restaurant
• Claims that you failed to prevent foreseeable violence

What assault and battery coverage provides:

When you add this endorsement to your policy, coverage typically includes:

• Defense costs – Attorney fees to defend assault and battery lawsuits
• Medical payments – Immediate medical expenses for injured parties
• Settlements and judgments – Covered amounts up to your policy limits
• Security staff liability – Protection when bouncers or security use reasonable force
• Premises liability – Coverage when violence occurs due to inadequate security

Typical coverage limits and costs:

• Coverage limits: $100,000 to $1,000,000 per occurrence
• Annual premium: $500 to $5,000 depending on risk factors
• Aggregate limits: Usually 2x the per-occurrence limit
• Deductibles: Often $1,000 to $5,000 per claim

Common assault and battery scenarios:

Customer-on-customer violence:

• Bar fight over sports team rivalry results in serious injuries
• Dispute over seating escalates to physical confrontation
• Intoxicated patron attacks another customer in parking lot
• Group altercation spills from dining room to street

Security staff incidents:

• Bouncer uses excessive force removing unruly patron
• Security guard tackles customer mistaken for another person
• Physical restraint causes injury during ejection
• Confrontation at entrance turns violent

Staff-involved altercations:

• Server defends themselves when patron becomes aggressive
• Manager physically removes customer who refuses to leave
• Kitchen staff confronts customer who enters unauthorized area
• Employee involved in after-hours incident on premises

Inadequate security claims:

• Known dangerous area, but no security measures in place
• Previous violent incidents, but no security hired
• Failure to call police when situation escalating
• Inadequate lighting in parking lot enables attack

Why it matters for restaurant owners

This coverage is essential for any restaurant serving alcohol, operating late hours, or employing security staff. Assault claims can result in massive settlements—a single incident can exceed $100,000 in medical bills and legal fees.

The financial exposure is severe:

• Medical bills: $50,000-$200,000+ for serious injuries (broken bones, head trauma, permanent disability)
• Legal defense costs: $25,000-$100,000 even if you win the case
• Pain and suffering damages: $100,000-$500,000+ awarded by juries
• Lost wages: Victims claim months or years of income loss
• Punitive damages: Juries may award additional amounts for reckless behavior
• Total exposure: Single incident can easily reach $500,000-$1,000,000+

Even if you’re not directly responsible for a fight, you can be sued for:

• Inadequate security – Failure to hire security in high-risk environment
• Over-serving alcohol – Serving visibly intoxicated person who then became violent
• Negligent supervision – Not monitoring situation that was escalating
• Failure to intervene – Not calling police or taking action to prevent violence
• Poor lighting or layout – Premises design that enabled or concealed violence

High-risk operations requiring coverage:

Bars and nightclubs:

• Late-night alcohol service (past midnight)
• Large capacity venues (100+ patrons)
• Dance floors and entertainment
• Sports bar atmosphere during major events
• Locations with history of incidents

Restaurants with risk factors:

• Full bar service until late hours
• Outdoor seating in high-traffic areas
• Located in entertainment districts
• Known for rowdy crowds
• Special events attracting large groups

Any establishment that:

• Employs security staff or bouncers
• Serves alcohol past 11 PM
• Has experienced previous incidents
• Is located in high-crime areas
• Caters to late-night crowds

The endorsement is relatively inexpensive compared to the risk. Annual premiums of $1,000-$3,000 are minimal compared to potential $500,000+ exposure from a single violent incident.

Coverage denial scenarios:

Even with assault and battery coverage, claims may be denied if:

• You intentionally caused harm – Staff deliberately injured someone
• Incident was criminal conduct – You participated in illegal activity
• Expected or intended injury – You knew violence would occur and did nothing
• Outside policy territory – Incident occurred off-premises
• Staff acting outside scope – Employee involved in personal dispute unrelated to work

Risk management to reduce incidents:

Prevention strategies:

• Hire professional security for high-risk hours and events
• Train staff on de-escalation techniques and when to call police
• Refuse service to intoxicated patrons following liquor liability protocols
• Maintain adequate lighting in parking lots and exterior areas
• Install security cameras throughout premises and entrances
• Establish clear ejection procedures that minimize physical contact
• Monitor crowd levels and behavior during peak times
• Control entry during busy periods to prevent overcrowding

Essential practices:

• Verify coverage exists – Confirm assault and battery endorsement is on your policy
• Review limits annually – Ensure coverage matches your actual exposure
• Document all incidents – Even minor altercations should be reported and recorded
• Maintain incident reports – Detail what happened, who was involved, what actions were taken
• Train security staff properly – Use licensed, trained professionals, not untrained “bouncers”
• Follow liquor liability rules – Over-serving often contributes to violent incidents
• Call police immediately – Don’t try to handle serious situations without law enforcement
• Implement security plan – Written procedures for handling escalating situations
• Review after incidents – Analyze what happened and improve prevention measures

If assault and battery coverage is declined: Insurers may refuse to add this endorsement if:

• Your establishment has frequent violent incidents
• You’re located in an extremely high-crime area
• Previous serious assault claims on the property
• You serve alcohol late-night without security measures
• Your operation is primarily a nightclub or bar with dancing

If declined in the standard market, you may need to seek coverage through surplus lines carriers who specialize in high-risk establishments, though premiums will be significantly higher.

Bottom line: If you serve alcohol, operate past 10 PM, or employ security staff, assault and battery coverage is not optional—it’s essential protection against one of the most common and expensive liability exposures facing restaurants and bars.