Who Is Liable When Bouncers Go Too Far?

We’ve all heard of and know what a bouncer is. But do we really know who or what a bouncer is? Because when you look at the establishments that provide bouncers, you will find a mashup of different kinds of people, and no one, established definition of what a bouncer is, or what a bouncer is supposed to be.

How Trained is Security?

Many places have bouncers and call them “security.” Some may actually be trained, off duty police officers. But others may not be—they may be college students who are just physically large, but who have no actual training. Worse, some may be itching for a fight, and prone to physicality.

Trained bouncers should be trained not to fight, or attack, but rather, to de-escalate potentially violent situations. A good bouncer is not looking for violence, but rather, to avoid it. A good bouncer knows skills and techniques to restrain unruly patrons, not attack them.

But all of this takes training, training most businesses don’t provide or look for when they are hiring bouncers. Or, businesses may hire people with criminal histories or violent backgrounds, leading to negligent hiring claims against bouncers that cause patrons injury.

Suing for Bouncer Injuries

You certainly can sue an establishment where the bouncer or security uses excessive force, and ends up injuring you when all you needed to have done is to be spoken to, or at least, just restrained.

Practically, bouncer injury cases can be difficult, because it may seem like you were the one doing something wrong in the first place. And even if you were, that doesn’t mean that a bouncer has carte blanche to do whatever he or she wants to do to you, or to cause you serious injury, especially if there is a large size or physicality difference between you and the bouncer.

But despite that, the fact that a bouncer had to do anything with or to you in the first place, suggests that the establishment that you sue for bouncer injuries, will have the chance to make you look like the bad guy or girl; they will say you “deserved” to be injured, or that you caused your injuries on your own.

However, because many of these kinds of establishments have a lot of people in them, there are often witnesses, and even video surveillance, that can help someone injured by an overzealous bouncer prove their claim.

Not Enough Security

Bouncer liability doesn’t just include bouncers who are poorly trained, or who act with excessive force. It can also include establishments that should have bouncers, but who don’t have them, or places that don’t have enough bouncers as well. Much of providing insufficient bouncers will depend on the type of business, and the history of fights or physical altercations at the establishment in the past.

Have you been injured by a bouncer or by security on someone else’s property? Contact our Rhode Island personal injury lawyers at Robert E. Craven & Associates at 401-453-2700 today.

Source:

legalmatch.com/law-library/article/nightclubbouncer-liability.html