Individuals Can Be Held Liable for Your Injuries

Every bar and nightclub patron understands the role of a bouncer. It is entirely within a bouncer’s rights to ask you to leave the premises if given good reason to do so. However, they must refrain from using force unless you pose a threat to yourself or others.

Bar and nightclub personnel are not immune to assault claims and will be treated as ordinary citizens in a court of law. 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. 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 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. Every case is unique however and a successful claim will rest on the unique facts of your case.

Liability Applies to Nightclubs & Bars

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.

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.

For 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:

• Conduct a background check
• Properly train their employee
• Supervise the actions of the bouncer
• Retained the bouncer even after earlier episodes of poor behavior

Bouncers may be held accountable not only for taking unreasonable actions but also in failing to act to protect a bar or club 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. 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.

Not every assault in a bar or club will result in a successful claim, however. Just because you were injured does not automatically entitle you to compensation. Every case is dependent on unique facts and circumstances. 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.

Some of the components of this investigation may include:

• Obtaining police and incident reports
• Securing video footage of the incident before it is destroyed
• Interviewing witnesses
• Consulting experts in bar or club security operations
• Demanding sworn statements from bar management and the bouncer involved
• Evaluating employment records and past incidents at the location
• Examining EMS and ER hospital records