Being assaulted by a drunken bar or nightclub patron is bad enough. Being assaulted by a bouncer or security guard at a Los Angeles nightclub may be even worse. After all, they are supposed to protect you.
Here is what happens in these cases.
You can sue the bouncer or venue security person who assaulted youLegally, employment as a nightclub bouncer or venue security does not necessarily give anyone special rights or privileges. This means they are not exempt from assault claims. In other words, you can sue them.
Specifically, you can sue them for assault if they deliberately do anything that makes you afraid of “imminent physical contact or bodily injury.” You can also sue them for battery if they actually put their hands on you, or make any other physical contact that causes injury. Because they are so closely related, assault and battery claims are often coupled and the colloquial term for both is shortened to “assault.”
Legally, a bouncer or similar nightclub employee is barred from making physical contact in most circumstances. If an individual or group is getting out of control, proper procedure is for the bouncer to ask that person or group to leave. The next step is for security to call the police if the unruly patron(s) refuse to leave.
Of course, there are exceptions. If an inebriated person tries to hit, push, or attack the bouncer, the bouncer may protect himself. The bouncer may also use physical force to intervene when a patron is doing something illegal or injuring someone else.
In general, however, experts do not recommend pursuing legal recourse against an individual bouncer or venue security. This is because there are no guarantees that an individual will have the financial resources or insurance coverage to make it worthwhile.
That is not to say that there are not legal options, however.
You can sue the nightclub
In some cases, you may be able to sue the nightclub owner. There are two key reasons for this. The first is because a business is legally responsible for its employees’ conduct on the job. In other words, the nightclub owner is negligent if the bouncer or venue security does something wrong.
The second is because bars and nightclubs are legally required to provide adequate security for their customers at any given time. So the nightclub owner may also be negligent if his or her venue does not have enough security or the bouncers are not properly trained. The owner is legally responsible, or liable for compensating you, if his or her negligence triggered the incident that caused your injury.
What must be proven in a nightclub assault case involving security
To win a personal injury case against a California nightclub owner after a bouncer allegedly assaulted you, you must prove that:
- The owner was legally obligated to keep you safe.
- The injury-accident could be predicted.
- The owner or employee was negligent.
- The negligence caused your injury.
- You have valid injuries from the assault.
Accordingly, it is important that you have enough evidence to support your claim. This usually includes but is not limited to police reports, medical records, witness statements and photographs of your injuries.
To learn more about this type of personal injury case and how we can help you, contact LawPLA at (213) 293-7881 or contact us through our website, today.