Assaulted by a Bouncer – Can You Sue
Have you been assaulted by a bouncer or security guard at a drinking establishment? Assaults by bouncers on patrons do occur in bars or nightclubs. Bouncers and security guards are employed by bars and nightclubs to ensure patron safety and to use physical force to remove an unruly, intoxicated patron from the bar or nightclub. Suppose you are eating or drinking in a Baltimore area establishment when one of the bouncers or security guards punches you in the face, picks you up, or throws you down to the ground and begins repeatedly kicking you? What if you suffer severe bodily injuries as a result of the assault and battery and require medical treatment? Can you bring a lawsuit against the bouncer, security guard, and the bar or nightclub? The answer is Yes!
Assaulted and Injured by a Bouncer
Suppose you are eating or drinking in a Baltimore area establishment when one of the bouncers or security guards punches you in the face, picks you up, or throws you down to the ground and begins repeatedly kicking you? What if you suffer severe bodily injuries as a result of the assault and battery and require medical treatment? Can you bring a lawsuit against the bouncer, security guard, and the bar or nightclub? The answer is Yes!
What is Premises Liability
Premises liability refers to the legal responsibility of an owner of a property for injuries sustained by a person who enters the premises. It is also known as liability for injuries occurring on the premises. A nightclub or bar has a duty of care to provide its patrons with a safe environment. If a patron is injured while at a nightclub or bar, he or she may file a premises liability claim against the club or bar. If you were injured at a nightclub or bar in the Baltimore area and want to pursue a premises liability lawsuit, you should immediately contact an experienced personal injury attorney.
What is Negligent Security
A negligent security claim is based upon negligence law. It involves allegations that a property owner failed to take reasonable care to protect against an injury occurring on the owner’s property. The duty owed by a landowner to its guests and invitees includes taking all necessary precautions to prevent foreseeable harm from happening. If a person suffers injury as a result of a breach of this duty, he may file suit under a theory of negligence.
On what grounds can I sue if I was assaulted by the security guard
You can sue the bar and nightclub under the respondeat superior doctrine. In summary, the doctrine of respondeat superior holds the bar or nightclub vicariously liable for the actions of all its agents or employees. In other words, if you sue the bar or nightclub, you must demonstrate that the bouncers or security guards were agents or employees of the bar or nightclub and acted within the scope of their agency or employment with the bar or nightclub.
This is a factual inquiry, and under most facts and circumstances, you can likely file a personal injury claim against the bar or nightclub through respondeat superior. Respondeat superior is Latin for “answerable for”. In law, it means that an employer can be held liable for the actions of its employees.
Furthermore, in most cases, you will try to establish that the bar or nightclub was negligent when its employee bouncer assaulted and caused you bodily harm.
Your attorney will determine what policies, procedures, or protocols the bar or nightclub had in place for its bouncers and security guards, and then investigate whether those policies, procedures, or protocols were violated by the bouncers or security guards.
Did the bar or nightclub train its bouncers and security guards properly?
You can also file a lawsuit against the bar or nightclub for negligent hiring, retention, supervision, and training. In this case, you’d argue that the bar or nightclub was negligent in hiring, training, retaining, or supervising the bouncers or security guards who assaulted and battered you.
This will be a more difficult claim to prove and will necessitate an investigation into, among other things, background checks for staff involved, as well as a thorough factual investigation into the bar’s or nightclub’s training protocols, as well as the industry standard for training bouncers or security guards.
Call a Baltimore Personal Injury Lawyer Today
It may not always be easy to hold a bar or nightclub responsible for assaults committed by its bouncers or security guards; however, there are many ways to pursue such claims. If your situation warrants pursuing legal action, contact our office today so we can help guide you through the process. Allow the Law Office of John J. Leppler to fight on your behalf to get you the compensation you deserve. For a FREE consultation and case review, contact John at (443) 955-1989.