Security guards stationed at places like bars, nightclubs, entertainment venues, ranches etc are known “bouncers.” The word was originally used colloquially, but today it is a legal term for an enforcer of order in certain places. Bouncers may also be employed to check the legal age of patrons/visitors, refuse entry to unauthorized, intoxicated or aggressive people and others who do not comply with the rules of that particular establishment. Often, bouncers engage in violent, aggressive behavior, use excessive force and cause harm or injuries to people. If you or a loved one has been assaulted by a bouncer, contact a personal injury attorney immediately to know your legal rights.
What Bouncers Are Entitled To Do Legally
Bouncers’ jobs certainly don’t give them sweeping rights to indulge in any kind of behavior, violence or aggression. In theory, they can only use force if it is first used against them, in normal self-defense, like any ordinary citizen. Bouncers don’t have any special rights or privileges, but are subject to the criminal and civil laws of the country.
Legally, bouncers are entitled to:
• Ask for your ID, proof of age, authorization to enter the premises
• Ask you to leave
• Issue verbal warnings
• Refuse entry on grounds of intoxication, aggressive behavior or failing to comply with the establishment’s rules
• Protect people from violence
• Break up fights
• Make a call to the police
However, they’re not entitled to:
• Use force first unless they’re threatened with harm
• Strike patrons, kick or beat them with a weapon
• Push, kick or throw people out
• Use strangle-holds, choke people or restrain them with other techniques
• Use weapons, sprays etc
When a patron is subjected to assault by a bouncer, they must immediately visit a medical facility, and then contact a 24×7 injury lawyer as soon as possible.
The owner of the establishment that employs the bouncer has a duty to ensure that all patrons and visitors to the premises remain safe. Just as victims of slip and fall accidents are entitled to compensation for injuries sustained while on another’s property, so also are patrons of clubs/bars/entertainment venues. The injuries sustained are deemed to be due to the owner’s fault or negligence.
However, proving liability in the case of assault by bouncers can be quite complex. Our free consultation injury lawyers can assess your claim and give you a swift and comprehensive evaluation.
Bouncers can certainly carry out their duties but this should be done in a non-negligent manner. They often have to carry or help inebriated patrons out of the premises or to the wash-rooms. Unruly fans at a concert may find bouncers escorting them out physically from the premises. The use of “reasonable force” is allowed in such cases. However, if there is intentional harm or harm caused due to negligence in the use of force, the bouncers and the premises owner are liable.
What To Do In Case of Assault By Bouncers
Once the victim has received the right medical treatment, legal options can be explored by an experienced personal injury lawyer. The term “assault” refers to intentionally putting another person in fear or threat of injury by certain acts or behaviors. These would include pushing the patron in the chest and the term “battery” is usually grouped with assault when physical contact occurs.
Apart from the criminal case that can be filed for assault, victims through their personal injury lawyers, have other legal options. They can file an intentional personal injury tort suit against the bouncer and a premises liability suit against the club, bar or business that employs the bouncer. This is because most employees may not personally have the resources to compensate victims, hence the suit can include the bouncer and the business to ensure that compensation is paid.
Usually, the claim of negligence or negligent hiring is where liability can be established. Patrons can also claim that the bouncer’s criminal background if any was not checked while hiring etc.
How We Can Assist
In many cases, the facts are difficult to establish and it may become a case of your word against that of the defendants’. Our accident injury lawyers available 24×7 can assist victims of bouncer assault to:
• Get the best medical help
• Maintain/access medical records
• Access CCTV camera footage
• Assemble documentary and photographic proof
• Call expert witnesses
• Get eye-witness testimony
Ensure that you select a personal injury lawyer/law-firm that has specific experience and knowledge in dealing with your kind of case.
If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury Lawyer 24/7 and get instant help.TM (416 807 3486)
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