With alcohol, a crowded setting, and often the simple acts of aggression by a nightclub bouncer can result in a potential bouncer assault. This is often the result of the attitude of a nightclub bouncer. This is how to sue a nightclub for a bouncer assault. Nightclub bouncers have a tendency to be a bit overzealous and have been known to overreact to potential threats. If bouncer techniques have harmed you in any way, you need to speak with a personal injury attorney.
What is a Bouncer?
Club bouncers are the people charged with keeping the events that occur in a nightclub as peaceful as possible. Sometimes, bouncers can be a bit overzealous and overreact to potential threats, and bouncer techniques can mean a bouncer assault on a nightclub patron. Injuries as a result of heavy-handed bouncer techniques can in a club-goer suing a nightclub for assault, because this action could meet the requirements of the four elements that constitute negligence. The nightclubs bouncer rules may leave you wondering:
- Can a bouncer hit you?
- Can bouncers touch you?
- Are the club’s bouncer techniques clearly defined?
Because a nightclub’s rules covering bouncer techniques tend to be a bit foggy. Clubs may not consider a patron potentially suing a bar for assault. Bouncers are supposed to utilize approved bouncer techniques to maintain order in the nightclub. At the same time, club bouncer laws clearly state that club bouncers have a duty to do this without causing any harm.
The bouncer must behave reasonably around their guests just like other employees. The job duties of these professionals can be interpreted in a variety of ways. It is generally accepted that bouncers can use a “reasonable amount” of force to keep the peace in an environment in which violence is frequent.
If bar bouncer rules are not followed closely, suing a nightclub for assault can potentially occur. A civil court can find bouncers guilty of negligence. Intent doesn’t play a role in determining negligence, so a club’s rule enforcer can be negligent even if he or she injured someone accidentally.
Generally Accepted Bouncer Techniques and Bouncer Rules that Should be Followed:
- Check IDs
- Issue verbal warnings
- Ask unruly patrons to leave
- Break up fights
- Call the police
- Protect bystanders from violence
- Respond to equal force when indicated
- Refuse entry for certain reasons
What a Bouncer Is Not Allowed to Do
Bouncers are trained to de-escalate situations through verbal tactics and removal. Contrary to what we see on television, they’re not allowed to strong-arm patrons without cause. These are examples of what bouncers aren’t allowed to do:
- Punch or kick any patron
- Physically rush someone to remove them from an establishment
- Use techniques like chokeholds or headlocks
- Use pepper spray or any weapons
A bouncer’s techniques should not include assault or force unless used against them first.
What to Do if a Bouncer Laws and Regulations are Not Followed
You may need to sue a nightclub if you believe a bouncer assault has occurred. Take the following actions:
- Make a written report while the incident is still fresh in your mind. Note the date, time, injuries, and circumstances leading up to the incident.
- You should keep copies of every document related to your medical care, including receipts and insurance claims. A lawsuit’s settlement amount is based on these in the event you win.
- If you were injured and missed work, keep copies of your pay stubs. Compensation for lost wages may be available to you.
- Request a copy of the police report.
- Get contact information from the bouncer, management, and any witnesses.
Do I Need a Bouncer Assault Personal Injury Attorney?
If you think you have a case for negligence, your first step should be to hire an Indiana personal injury lawyer who can tell you if you can sue a bar or nightclub for negligence, you may have a bouncer assault lawsuit. Call and speak with an Indiana attorney that handles personal injury lawsuits at you may be able to sue a nightclub for the actions of a bouncer employed by the club for heavy-handed techniques.