Nightclub Security Laws

Nightclub security refers to the personnel employed by the nightclub that are in charge of maintaining order and compliance at night clubs, bars, or other similar establishments. Entry and use of these types of institutions are often restricted by age, with minors under the age of 18 not typically being allowed.

These institutions also often serve alcohol and can require various checks and measures to regulate the activities at the venue as well as the consumption of alcohol.

What Are Some Common Issues with Nightclub Security?

Examples of common issues associated with nightclub security may include:

• The use of fake ID’s by an individual under the age of majority for that state.
  • Typically, a minor will attempt to utilize a fake ID to gain access to the nightclub or purchase alcohol. If nightclub security fail to identify fake identification, then they may be liable for selling alcohol to minors or other alcohol-related violations;
• Bar fights and other physical altercations between patrons or nightclub security and patrons.;
  • In cases of incidents and disputes involving bouncers or other nightclub security personnel with patrons, the patron may be able to hold both the bouncer and nightclub responsible for damages suffered; and/or
• Noise ordinance violations, including incidents of disturbing the peace or other similar citations.

As can be seen, nightclub security may be called upon to perform a variety of different tasks in order to help maintain a degree of safety and compliance on the premises. Nightclub security may also be charged with the tasks of requesting patrons to leave the establishment if they are being disruptive.

What Are Nightclub Security Legally Allowed to Do?

Bouncers are part of nightclub security personnel. As private employees, bouncers do not have the same rights as the police or actual security personnel. This means that bouncers do not have the right to physically remove a person from the premises of the club. This is a very common misconception. Bouncers also do not have the legal right to engage in any acts of violence or force as they see fit. This is because bouncers are regular private employees, not actual security personnel. Actual security personnel require special training and permits to be issued in accordance with local laws.

Bouncers are allowed to use force if force is first used against them. Therefore, according to law, a bouncer may only ask a patron verbally to leave the premises. Once again, bouncers do not have the right to physically remove a patron from the nightclub. Essentially, bouncers have the same rights to self defense that are granted to ordinary citizens, including the right to call the police on someone.

However, there are a few legal rights that are granted to bouncers and nightclub security personnel which are not necessarily granted to ordinary citizens, including:

• The right for the security personnel to issue a verbal warning;
• The right for the security personnel to ask that an individual to leave the premises;
• The right for the security personnel to check an individual’s ID;
• The right for the security personnel to refuse entry to any patron who appears to be too intoxicated, fails to comply with nightclub policies, or engages in violent, disruptive, or aggressive behavior;
• The right for the security personnel to protect innocent bystanders from violence;
• The right for the security personnel to break up fights that they themselves are not involved in;
• The right for the security personnel to respond with equal physical force; and
• The right for the security personnel to detain an individual with reasonable restraint if they are committing a crime.

Typically, bouncers are trained to remedy all situations verbally as opposed to utilizing physical force. However, the presence of nightclub security alone is typically enough to deter patrons from aggressive behavior. This is partly due to many people assuming bouncers and other security personnel have more legal rights to use force than they actually do.

What Are Nightclub Security Not Allowed to Do?

As previously mentioned, nightclub security does not have the legal right to physically remove a person from the premises. Nightclub security personnel also do not have any legal right to engage in force, except in specific circumstances, such as first being threatened with physical force themselves.

Additionally, examples of what nightclub security cannot do, unless first threatened, include:

• Hitting a patron;
• Pushing or physically throwing a patron out of the nightclub;
• Restraining a patron in a chokehold, joint locks, or any other restraint techniques that would be considered unreasonable; or
• Using weapons in any manner, including nightsticks, tasers, or pepper spray.

Once again, nightclub security does not really have more legal rights than ordinary citizens, except under specific circumstances. Nightclub security must be specially trained and licensed in order to be considered security personnel, and thereby gain more legal rights. As such, nightclub security are simply ordinary employees who are still subject to both criminal and civil personal injury.

Can I Sue the Security Personnel at a Nightclub?

In short, yes you can sue both the security personnel, as well as the nightclub itself in many cases. Once again, nightclub security has no more right to physically assault someone than an ordinary citizen does. However, security personnel do have the same legal right as an ordinary citizen to defend themselves, if first threatened with physical harm.

Therefore, if an individual has been asked to leave the premises and they refuse and then punch the bouncers who approach them, the bouncers will likely be able to claim self defense if they choose to return the physical attacks. As such, it is important to not give security personnel any excuse to attack you, such as by swinging at them, spitting on them, or shoving them.

It is important to note that there is always an exception to be made if there was an unnecessary amount of force or security personnel utilized on you. For example, if 5 bouncers are physically assaulting a patron that spit on one of the bouncers, that will likely be considered unreasonable force and assault. Since security personnel are average citizens, and not trained police or security personnel, they are subject to the same criminal claims of assault and battery.

If you have actually been assaulted by nightclub security personnel, it is important to also consider including the employer, such as the bar or nightclub where the incident occurred, in your lawsuit. Including the premises owner is important because although the security personnel is certainly liable for the damages, they may not be able to pay for all of the damages or carry insurance. The business that employs the bouncer may also be held liable for guest injuries on the property that were caused by a bar employee’s negligence, under a legal theory of vicarious liability.

If you were assaulted by nightclub security personnel, it is suggested that you:

• Make or Request a Written Report: Making a written report of the incident while it’s still fresh in your mind is important to establish liability. Typically when an assault or other incident occurs there will also be a police report of the matter, along with a report of the incident may be the nightclub itself
  • It is imperative to request and keep copies of any official police reports that were made, as well as any waivers or paperwork that you may have signed, such as a statement from the business where the incident occurred;
• Seek Medical Attention: Immediately following any instance in which you were injured by nightclub security personnel, you should seek medical attention.
  • Additionally, you should retain copies of any hospital records, medical documents, and receipts you receive. The court will use the medical billing records to calculate a damages award for your losses;
• Document Lost Wages: If you sustained injuries that resulted in missing work, you may be able to include a damage claim for lost wages. In order to do this, you will need to provide copies of your recent pay stubs, etc.; and
• Witness Information: It is also important to note any contact information you can gather, including the name of the security personnel that directly harmed you and any witnesses to the incident.

Do I Need a Lawyer for Help with Nightclub Security Laws?

If you have been harmed as a result of the actions of nightclub security, it is in your best interest to consult with an experienced personal injury attorney. Nightclub security have a limited scope of authority in contacting patrons of the establishment.

As such, an experienced business attorney will be able to assist you in determining liability for any injuries that you have suffered, as well as initiate a civil lawsuit against the personnel and nightclub on your behalf. Finally, an attorney will also be able to represent you in court, as needed.