People patronize bars and nightclubs expecting to have an an enjoyable time with the implicit expectation that they will not be hassled by anyone.
Sometimes bouncers or security guards at bars and clubs mishandle patrons and go as far as engaging in violent acts including beating them up. It is vitally important to know your rights in such incidences.
According to California Civil Code section 1714, a person cannot harm any other person or their property. In fact, they must take every step possible to ensure this does not happen. A business owner is required to exercise reasonable care to ensure the safety of the patrons. If, due to negligence, any harmful incident occurs, the proprietor will be liable to bear the expenses. Such cases where a property owner fails to provide proper protection to visitors or patrons fall under premises liability law.
Thus, for a bar or club owner, it is their duty to protect the visiting customers from any type of criminal harm arising from both the employees and other customers.
It is obligatory for security guards to use the least possible force when performing their job. Use of physical violence is illegal by law, unless used in self-defense. Only if they are under threat of bodily harm are they allowed to take necessary steps to protect themselves.
If you have done nothing that may threaten or harm the bouncer, violence of any kind is unwarranted and the property owner will have no legal standing. They cannot state that they hurt you because they were acting in self-defense and thus, they can be held liable for any harm done to you.
Claims of negligent bouncer security can include:
Negligent hiring: property owners need to thoroughly vet anyone applying to be a bouncer or security guard. Failing to conduct a background check can be used in the liability claim against the bar or nightclub.
Negligent supervision: Any manager of a nightclub or bar who sees a bouncer being overly-aggressive with the clientele can be held accountable.
Negligent retention: failing to terminate a bouncer who is known to be violent who then attacks a patron can be grounds for holding the owner liable.
The bar owner may even face charges for retaining an unfit employee for work at their bar or club.
It might be the case that the bar owner had insufficiently prepared the bouncer to perform their job. It is the responsibility of the bar owner to make sure that the security guard does not act out violently against the establishment patrons.
In case the bouncer inflicted any harm upon you, here is what you should do:
If you were harmed by a bouncer, reach out to the Law Offices of Jacob Emrani and secure a Los Angeles personal injury attorney to pursue the compensation you deserve. Don’t be a victim of an overly-aggressive bouncer: get justice now.
Call the firm to get started—(888) 952-2952!