You may be able to sue a bar or nightclub if a bouncer assaulted you. If a bouncer becomes aggressive without cause, and you are harmed as a result, you may have a valid claim for assault against the bouncer as well as a premises liability claim against the business. In a case like this, you may be able to sue the nightclub and the bouncer for negligent security injuries.
Just like stores, restaurants, and other places of business, bar and club owners owe their guests a safe and hazard-free environment to have fun. Therefore, they are liable for injuries to their guests caused by their employee’s negligence or aggressive behavior. If an employee of the nightclub fails to exercise reasonable care and injures a guest, the bar has breached its duty.
How to File a Nightclub Injury Claim?
If a nightclub or bar is found liable for your negligent security injuries, you may be able to recover compensation for damages including your medical costs, lost wages, pain and suffering, and mental anguish. For more help contact a Fort Myers personal injury lawyer.
A bouncer can refuse to let you into a club or bar if you are too intoxicated, not complying with club policies, or violent and disruptive. A bouncer should not make physical contact with a patron in the bar unless it is absolutely necessary.
They are trained to de-escalate situations using their voice first. They must first ask that person to leave. If the person does not leave, the bouncer should call the police or escort the patron out.
You Must Prove You Were Not the Aggressor
If a person is intoxicated and throws the first punch, the bouncer has the right to engage the patron in self-defense. The only time a bouncer can use physical force is when a patron is committing a crime or injuring another patron.
What is Negligent Security to Suing Bar After Assault?
In some cases, a bouncer can be sued for assault. However, bouncers may not be able financially to compensate for an injured person. In cases such as these, the person who was injured can sue the nightclub or bar for negligent security or negligent hiring and contact a Fort Lauderdale negligent security lawyer for more help. If you were the victim, you may be able to claim that the nightclub was negligent because it did not conduct a criminal background check on the bouncer. The club can also be liable if there were not enough security personnel on the premises.
Negligent Security Injuries
Negligent security injuries can range from a minor wrist sprain to a traumatic brain injury. If you were assaulted by a bouncer, document the incident, get medical attention, get a copy of the police report, and get the contact information for the bar owner, bouncer, and any witnesses.