![]() ![]() For example, if the bouncer was following directions from his boss when they hurt you, you may be able to sue the employer. work responsibilities) when they attacked you. The employer can be found legally responsible only if the bouncer was acting with the scope of his duty (i.e. This does not include intentional or willful assault or battery by an employee. Under employment liability law, an employer is generally legally responsible only for an employee’s actions if they were negligent. If you bring a lawsuit, it is a good idea to also sue the employer (i.e. ![]() However, the average bouncer may not have a lot of money, so you may not be able to collect a lot of money from them. If a nightclub bouncer physical harms you, they can be legally responsible for your injuries. This can be a complicated issue in court. Who Is Legally Responsible if I Am Assaulted by a Nightclub Bouncer / Security? A criminal action is when the government prosecutes a person, and it can lead to criminal penalties (such as probation or jail time).A civil action is a private lawsuit, where you sue an individual to collect damages for any injuries you received.It is possible to bring either a civil or criminal action for assault and battery. Battery means the actual physical violence or contact with you.Assault means the threat of violence or attempted violence against you.Sitting on you or handcuffing you face down against the floor, are known to cause possible suffocation, and are very dangerous techniques that bouncers should not be using.īouncers can be held legally responsible for claims of assault and battery, including both civil and criminal actions. A lot of bouncers do not get a lot of training and might be using very dangerous techniques without knowing it. If your case involves a fight that is extremely uneven (for example, a large number of bouncers beating you up really badly), then you will likely have a legal case against them. If you are ever in an altercation with a bouncer, you should remember to be careful about what you say or do (for example shoving, spitting or getting into their face), because they will likely use this as an excuse to attack you and say that you started the incident. Also, most nightclubs have multiple bouncers and other co-employees who will act as witnesses and try to protect each other.Īll of these things make proving assault more difficult. ![]() Since bouncers know they are allowed to defend themselves, if there is a fight, they will likely say that you started it to avoid responsibility. What Remedies Do I Have if I Am Assaulted by a Nightclub Bouncer / Security?Įven though the law says that a bouncer does not have more authority than any other person, it may be difficult to prove that you were assaulted in the real world. For example, if you refuse to leave the nightclub then punch a bouncer, he or she can likely claim self defense if they punch you back. If they detain you, they can only use what is called “reasonable restraint.” Reasonable restraint means that the way they detain you, and the amount of time, must be reasonable. ![]() Bouncers can also detain you if you are committing a crime, sometimes called a citizen’s arrest. Like any other citizen, bouncers do have the right to exercise self-defense. However, a bouncer who just places a hand on your back to show you towards the door, has probably not committed any crime. Like an average person on the street, a bouncer does not have the right to physically assault you. If you refuse to leave, they must call the police in order to have you removed. Many people are surprised to learn that under the law, a bouncer can only ask you to leave the property or premises. Bouncers do not have the right to physically remove a customer who is drunk, being annoying, or who they do not like. The authority of a bouncer is the same as any other normal citizen. In almost all nightclubs, bouncers do not have this special training or permits, so they do not have any special authority. In the majority of nightclubs, bouncers are not actual “security personnel.” Security personnel are special employees who must have special training and permits. In most situations, nightclub bouncers are considered normal employees. Unlike what you may have seen in movies, nightclub bouncers do not have the right to use physical means against you. Many people believe that nightclub bouncers and security have special authority or rights to remove people from the property, use physical force, or beat people up. Nightclub bouncers and security do not have any special authority or rights. Do Nightclub Bouncers / Security Have Any Special Authority or Rights? ![]()
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