Bouncer Assault Lawyer

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. 

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It is important for you to preserve any records along with the names and contact information of the witnesses to help the personal injury lawyers with your case. These will add up to your credibility that will impact your case. 

Bouncer Assault FAQs

What authority do bouncers have?

The authority that bouncers have is just the same as any other citizen. They can ask anyone to leave the property or the premises, but they do not have the right to use physical means against you to make you go. In case you refuse to leave the nightclub and punch a bouncer, they can exercise their right to self-defense and detain you for a certain period of time.

How long will it take me to settle my personal injury case involving bouncer assault cases?

There is no definite schedule or duration on how long it will take for you to settle your personal injury case involving bouncer assault cases. The reason being is the severity of the injuries and treatment needed after the incident. Minor injuries sustained will relatively settle your case quickly compared to severe injuries which require extensive treatment. 

Can a bouncer confiscate my passport if they believe it is fake?

Yes, a bouncer can confiscate your passport if they believe it is fake and they will take you into custody. It is the bouncer’s job to try and weed out who’s legal and who’s not.  

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