A bouncer is also known as a doorman or a door supervisor. They are hired to be security guards at specific environments such as bars, nightclubs, hotels and other places.
Their primary functions include age verification, crowd control, dress code enforcement, an intervener in altercations, first aid, and in some cases, ejecting individuals from the establishments for causing disturbances or fights.
When bouncers become overly aggressive, they can be charged for assault. Charges and claims for assault may be filed by anyone who the bouncers physically hurt.
Here are some of the things that you need to know when you are caught in a situation where bouncers have crossed the line.
Ontario’s Occupier’s Liability Act
In Ontario, the Occupier’s Liability Act requires that the owners and operators of nightclubs, sporting events, and concerts ensure that patrons are reasonably safe while they are attending the event.
An occupier/ owner has the responsibility to keep the place safe at all times. They should ensure that people entering the premises or the things that are brought inside the premises are safe.
They also have the duty to train security staff on properly handling incidents without causing undue physical harm to anyone involved. Bouncers and security guards are entitled to be provided with adequate training, instruction, and supervision.
Assaults by Bouncers
An assault is an intentional act of putting another person in fear or apprehension of an imminent physical contact or bodily injury.
Bouncers or bar security personnel do not have any special immunity from assault claims. They are considered as any other employees in the nightclub, bars or sporting or concert venue. They do not have special rights or authority above anyone else.
In most cases, a bouncer is treated as an ordinary citizen. A bouncer cannot make physical contact with a bar patron in most situations. They may use physical force when a patron is committing a crime or hurting another patron. Just like any other person, the bouncer may defend and protect other persons from physical attacks.
Negligent Security or Hiring
A bouncer can be found liable for assault, but he may not be financially able to compensate the injured person. In such cases, you may sue the nightclub for negligent security or negligent hiring.
While the nightclub is generally not liable for a bouncer’s actual assault, an injured person may have a valid claim based on negligence. The employers of bouncers who have committed assault can be held liable for negligent hiring based on the theory that they knew or should have known about the employee’s background.
Liability may also be found where a nightclub did not employ enough security personnel under the circumstances, and some form of preventable harm occurred.
Employers should have employment background checks, employee drug testing, and employment physical exams to avoid negligent hiring claims in the future.
If you or your friend was assaulted by a bouncer at a nightclub, consult with Diamond and Diamond personal injury lawyers now to help you obtain compensation for your suffering and injuries.
Nightclub’s Liability
You as a bar patron can win a lawsuit against a nightclub for negligence if you can prove that the nightclub breached a duty owed to you and that you sustained an injury from their shortcoming.
Causation is the most crucial element in any negligence claim. You must prove that the nightclub caused you harm or injury. It must be seen that their actions or failure to act had contributed to your injury. Once causation is established, the nightclub may or may not be relieved of liability on your case.
Assault can result in a variety of injuries. This can include concussion, broken wrist, bruising, swelling, or soft tissue injury. An intoxicated person may simply fall on the dance floor and may suffer concussion or a broken wrist. The nightclub did not cause such injuries, thus they will not be held liable.
Talk to a Diamond & Diamond Personal Injury Lawyer
You may be able to bring a civil claim for compensation after a bouncer assault. Bouncers have a limited scope of authority.
Consult with a personal injury lawyer to learn your rights if you have been seriously injured due to a bouncer or security guard assault.
