People patronize bars, venues, and nightclubs with the expectation of a safe and enjoyable outing. Owners and operators hire bouncers and security guards to ensure everyone has a pleasant, non-violent experience.
Some people are unaware of the law and think bouncers can touch you. If you’ve recently experienced injuries from a bouncer or security guard at a bar, venue, or nightclub, you have a right to take legal action against the perpetrators and the establishment.
The law offices of Jacob Emrani can help. Read on to find out if you may have a personal injury claim against a bouncer or security guard.
Regulations Regarding Civil Interactions
According to California Civil Code section 1714, no person can harm any other person or their property. Citizens must take every step possible to ensure this does not happen.
This civil code applies to owners and operators of bars, nightclubs, and venues. A business owner must exercise reasonable care to ensure the safety of their patrons. Cases where a property owner fails to provide proper protection to visitors or patrons fall under premises liability law. For this reason, it’s common for proprietors to hire bouncers or security.
Even so, if any harmful incident occurs due to negligence or intentional action by the bouncer or security guard, the proprietor is liable to bear the expenses.
Limitation of the bouncer
We’re commonly asked if security guards can touch you in California. Physical violence is illegal unless used in self-defense. Bouncers and security guards must use the least possible force in their job duties. Bouncers are legally allowed to separate patrons who are fighting and safely remove patrons from their establishment.
Only if they are under threat of bodily harm are they allowed to take necessary steps to protect themselves. They can’t continue a violent offense once they’ve subdued the threat.
Liability on the bouncer
Violence of any kind is unwarranted without the threat of bodily harm to the bouncer. If you weren’t behaving in a threatening manner, they cannot state they injured you in self-defense, and they can be held liable for any harm done to you.
Liabilities of the bar owner
In cases of injury caused by a bouncer or security guard, liability may fall on the proprietor, hiring manager, and business. Claims of negligence against the owner can include:
- Negligent hiring: Business owners need to thoroughly vet anyone applying to be a bouncer or security guard. If you can demonstrate that the owner or hiring manager failed to conduct a criminal background check and perform due diligence before hiring, you can use it to support your liability claim.
- Negligent supervision: Any manager or owner of a venue, nightclub, or bar who sees a bouncer being overly aggressive with the clientele can be held accountable.
- Negligent retention: Failing to terminate a bouncer known to be violent and who then attacks a patron can be grounds for holding the owner liable. The bar owner may even face criminal charges for retaining an unfit employee for work at their venue, bar, or nightclub.
It might be the case that the bar owner had insufficiently prepared the bouncer to perform their job. The bar owner and managers must ensure that the bouncers or security guards do not act violently against patrons. The owners and management must demonstrate sufficient written policies and training procedures to prevent personal injury to their patrons and avoid liability.
Do Bouncers Ever Get Sued?
Yes, a bouncer can get sued for injury. These cases are civil claims separate from criminal charges brought by the police and prosecution. You can potentially file a civil claim against the hiring manager, the owner, and the business. If the bouncer is an off-duty police officer, you may be able to file charges against the employing city.
A personal injury claim is either an unintentional tort claim or an intentional tort claim. These claims include assault and battery, false imprisonment (if you’re held in a backroom or other area without your consent), intentional infliction of emotional stress, vicarious liability of an owner, and excessive force violating the Fourth Amendment.
What To Do If You Are Assaulted
If you’ve recently experienced an injury from a bouncer or security guard at a nightclub, venue, or bar, don’t delay. Here’s what to do if a bouncer assaults you:
- If possible, record a video of the incident
- Take photos of your injuries
- Gather the names and contact information of any witnesses to give their statements in court
- Write a letter to the bar owner, asking him/her to secure the video footage
- Get the services of an injury lawyer to seek advice regarding your case
Call Jacob!
Bouncers are not allowed to touch or handle patrons. Don’t let the statute of limitations run out on your personal injury claim. If a bouncer harmed you, 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. Contact the firm today at (888) 981-7706 to set up your no-cost case evaluation!