Claims Against Bouncers for Excessive Force

A night out shouldn’t end with an injury at the hands of the person hired to keep the peace. Bouncers and security staff are allowed to remove disruptive patrons, but they aren’t allowed to use excessive force. If a bouncer roughed you up, you may be able to hold both the bouncer and the establishment that employs them accountable for your medical bills, lost wages, and other losses.

When does a bouncer cross the line?

Bar and club security staff can generally use reasonable force to remove someone who is being disruptive or violent. What counts as “reasonable” depends on the situation, but force that goes beyond what was necessary to control it can cross into assault and battery. Warning signs that a bouncer went too far include:

• Striking, choking, or restraining a patron who was already complying or leaving
• Continuing to use force after the person is subdued or on the ground
• Throwing or shoving someone into furniture, stairs, or a hard surface
• Using force against a bystander who wasn’t involved in the original incident
• Multiple staff members ganging up on one patron

Who can be held responsible

Depending on the facts, you may have claims against more than one party:

• The bouncer individually, for assault and battery.
• The bar, club, or venue, under a theory of negligent hiring, training, or supervision if the establishment knew (or should have known) that its security staff had a history of using excessive force.
• A third-party security company, if the venue contracted out its security rather than employing bouncers directly.

What to do if you were hurt by a bouncer

If you were injured by security staff at a bar or club, taking the following steps can help protect your health and your legal options:

1. Get medical attention. Have your injuries documented by a medical professional, even if they seem minor at first.
2. Call the police and file a report. A police report creates an official record of the incident.
3. Get names and contact information for witnesses, including other patrons who saw what happened.
4. Photograph your injuries and the scene, including anything that shows how the incident unfolded.
5. Avoid posting about the incident on social media until you’ve spoken with an attorney.

Compensation you may be entitled to

If your claim is successful, you may be able to recover compensation for costs such as:

• Medical bills, including emergency care and any follow-up treatment
• Lost wages if your injuries kept you from working
• Pain and suffering
• Property damage (for example, a damaged phone or clothing)

Call the Law Offices of Jacob Emrani today

If you were injured by a bouncer or security guard, you don’t have to navigate the legal process alone. The Law Offices of Jacob Emrani has decades of experience holding negligent venues and security staff accountable. Call (888) 952-2952 today to schedule your free, no-obligation case evaluation.

Disclaimer: This article provides general educational information about California law and is not legal advice. How these rules apply depends on the specific facts of your situation. If you need advice, consult a qualified attorney about your case.