In order to build a successful claim against a bouncer and club or bar establishment, a thorough and careful investigation is required as soon as possible to build a strong claim. Every case is dependent on unique facts and circumstances. Just because you were injured does not automatically entitle you to compensation. Not every assault in a bar or club will result in a successful claim, however. In these instances, nightclubs can be held liable for any personal injuries suffered as a result of an altercation with a bouncer or another patron. If you were injured by another patron, and the bouncer did not take appropriate measures to intervene or keep you safe, you may be able to argue that the establishment allowed you to get hurt. Retained the bouncer even after earlier episodes of poor behaviorīouncers may be held accountable not only for taking unreasonable actions but also in failing to act to protect a bar or club patron.In most cases, a claim brought against a bouncer can also be made against his or her employer or bar owner to better ensure the possibility of financial means to pay for your damages.įor instance, if you were assaulted by a bouncer, the evidence may show that the establishment was responsible for the actions of that person since they failed to: Holding a bouncer personally responsible for your injuries alone may not result in an actual financial recovery since that person may not have any money or insurance to hire an attorney or pay your damages. Every case is unique however and a successful claim will rest on the unique facts of your case. If you have been injured by a bouncer and are thinking about bringing a claim against them and their employer or club owner, a lawyer can explain your rights. If they opt to intervene physically, and you are injured as a result, you could sue the bouncer and his or her employer for liability in a personal injury case. If you or another patron is asked to leave the property and choose not to, a bouncer is expected to summon law enforcement rather than act in a physically aggressive manner. However, they must refrain from using force unless you pose a threat to yourself or others.īar and nightclub personnel are not immune to assault claims and will be treated as ordinary citizens in a court of law. It is entirely within a bouncer’s rights to ask you to leave the premises if given good reason to do so. Individuals Can Be Held Liable for Your InjuriesĮvery bar and nightclub patron understands the role of a bouncer.
Bouncer security use of force free#
You may also be able to hold their employer or the bar or club accountable for your losses.įor a free legal consultation, call (646) 692-0204. If you suffered injuries due to the negligence or wrongdoing of a bouncer, you could file a personal injury claim or lawsuit against them. Call law enforcement to remove individuals or intervene in physical altercations.Employ reasonable amounts of force to contain individuals in the act of committing a crime.Protect other patrons and bystanders from violence.Check identification and refuse entry to underage or intoxicated individuals.Ask patrons to leave if they cannot adhere to the rules of an establishment.Bouncers do not have the right to physically intervene unless their safety or the safety of others is at risk. Therefore, their right to use force against another individual is no more robust than yours.
Bouncers Are Not Law Enforcement OfficialsĬontrary to popular belief, bouncers are not trained security guards, nor are they law enforcement officers. For instance, if a bouncer allowed an intoxicated person into the establishment, and they assaulted you, the bouncer may be held accountable for not acting reasonably under the circumstances. In another example, you may be able to sue a bouncer for liability in a personal injury case if they allowed you to get injured. To secure financial recovery, you would need to prove that you were not posing a threat to yourself or others at the time of the incident and that the actions of the bouncer were not reasonable. First, you may have been assaulted by a bouncer who was attempting to remove you from the premises. The bottom line is that these employees possess no legal right to physically remove or detain individuals except when acting in self-defense or protecting the safety of other patrons.Ī bouncer could be potentially liable for your injuries in two ways. Bouncers are held to the same legal standards as ordinary citizens and are not afforded the same legal rights as law enforcement officers or trained security personnel. Can You Sue a Bouncer for Liability in a Personal Injury Case?
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