Suing Bouncers or Clubs from a NYC Lawyer

Assaults committed by Bouncers

There are instances when the security staffs of night clubs or bars exceed the required force and end up assaulting the customers. You have a remedy under the law. You can sue the bar or the night club for negligence or negligent hiring. The organization hiring the bouncers can be held vicariously liable for the wrongs committed by their staff. The owners of bars and night clubs are required to provide a safe premises for their customers. It is not acceptable that the security services which are required to provide security end up assaulting the patrons that they were sworn to protect. New York law mandates the security guards and bouncers to be registered and trained. Proper due diligence ought to be conducted while hiring the security staff. Security staff must be trained in using the required amount of force to neutralize any mischief committed on the premises. At times, security agencies hire ex-convicts and trained martial arts practitioners who can cause severe damage to the patrons who are not trained in these arts.

What bouncers are legally entitled to do?

Bouncers are the persons who are hired to provide security related services in bars and night clubs. They require a license to work as a bouncer and without a license they are normal employees in the organization they work. Ordinarily, the bouncers are required to exercise force only in cases of self-defense that is to protect the property and people in the premises. Further, the magnitude of force in self-defense should not exceed the reasonable force which is required to diminish the level of threat.

Bouncers must be able to understand as to what constitutes a threat and will justify the use of force. Furthermore, before exercising the force, bouncers must ask the patron to leave the premises or verbally direct the patron to take the required action. If such action is not taken by the patron and the patron causes disruption, only then can the bouncers may be able to use reasonable force. For example, a bouncer may not allow an intoxicated patron to enter the premises and if the patron forcefully tries to enter the premises, then the bouncer can restrain him in doing so. Apart from exercising the use of physical force reasonably, the bouncers must not say or commit any act that can show their intent to confine a patron. It is not essential that the patron was physically confined within the walls, mere belief that the patron was not allowed to leave a particular area which could have possibly occurred from verbal direction or false representations.

How should you proceed if you are assaulted by bouncer or private security staff?

Bars and night clubs can be vicariously liable if the bouncers assault the patrons. However, if bouncer acts on his own and ends up assaulting the patrons then he can be sued for civil assault or battery. The owner of the night club and bar can be sued for negligent hiring as well, if the proper requisite were not fulfilled while hiring. Further, the injury suffered by the person can also affect the case. Therefore, it is essential to consult with an experienced personal injury attorney to get the facts review and prepare a strong case against the security staff or the establishment. For preparing a strong case against the bar or nightclub, you must call the police immediately after the incident has occurred and inform them what exactly happened. Further, if possible then photographs or videos should also be taken which will be strong evidence to put forth before the court. Furthermore, a medical treatment must be taken and documented properly. These actions will enable your attorney to bring a strong lawsuit against the bar or a nightclub.

Lawsuit against the Bouncer

When the assault or battery occurs outside the course of employment or when the bouncers do not abide by the direction given to them by their employer and end up assaulting any patron, then they will be held personally liable. Depending on the nature of injury, the action can be civil or criminal in nature and accordingly compensation can be claimed. However, suing any bouncer personally will not get you a good amount of compensation as it is against the individual. An experienced lawyer can possible hold that the bar or nightclub should be sued for damages. The amount of compensation paid by the establishment will be more as compared to the claim against one individual. Further, the establishment can be sued for other issues like negligence or negligent hiring which would in turn increase the amount of compensation.

Premises liability of Bars in Nightclubs

Nightclubs and bars are required to provide safe premises to their patrons. Any injury suffered by the patron can invite premises liability claim against the establishment. For example, if any patron injures himself due to a defective chair present in the premises, they would have a premises liability case. It is essential to prove that the night club owed a duty of care which was breached and that breach of duty led to an injury. The injury caused to the patron must be reasonably foreseeable.

What charges can be directed against the security staff or the establishment – Security staff or bouncers can be sued for any injury they cause to the patron during their course of employment. They can be sued for assault and battery. If the patron is intentionally put into fear of imminent bodily injury, then it would constitute an offence of assault. Now, if there is an actual physical contact along with the assault then it would constitute the offence of battery. Generally, claims pertaining to assault and battery are grouped together. The action taken against the bouncer can be of civil or criminal nature depending upon the level of injury.

However, it is not always wise to sue the bouncer for the damages, rather the nightclub or the bar should be sued as the amount of damage that can be re-covered from the establishment is more than an individual bouncer.

Negligent Hiring – The bar or nightclub can be sued for negligent hiring if they fail to carry out the required due diligence before hiring any security staff. For example, if the bouncer has a history of violence, or is an ex-convict then it is not safe for the patrons to be around with him. At times, professional martial artists, boxers or wrestlers are hired to work as a bouncer who can cause very grave injury to the patrons if they get engaged in any fight. Hence, proper background checks and due diligence should be carried out of the security staff and bouncers.

Security of patrons from the patrons – The bar or nightclub are required to provide safe premises to their patrons. It is not necessary that the threat is only from the bouncers or security staff, rather patron to patron injury can also make the establishment liable if proper security is not provided. For example, if in any nightclub there are frequent fights amongst the patrons, then the owner of that nightclub should hire enough security staff or bouncers to stabilize the fight amongst the patrons. If the bar or nightclub is located in any high crime area, then the required security staff should be more as compared to those in less crime areas.

Why you need an Attorney for your claim against the bar?

Personal Injury Lawyers have the required expertise in identifying and preparing the claim. An experienced attorney can provide different options available to the victim. They are experienced in the cases of assaults and battery committed in bars and night clubs. Attorneys can prepare a strong case by requesting the access of records of the State Liquor Authority that contains the previous record of assaults committed by the bar. Proper background research regarding the previous conduct or history of violence of any bar or night club can be helpful in preparing a strong case and extract maximum compensation.