No, they do not. Many people believe that nightclub bouncers have special authority to remove people from the property, use physical force, or even beat people up if they won’t leave when ordered to do so. This is not true. Unlike what you may have seen in movies, nightclub bouncers do not have the right to use physical force against you.
Nightclub bouncers are simply normal employees. In most nightclubs, bouncers are not actual “security personnel.” Security personnel do have some special authority, but they must have special training and permits. In almost all nightclubs, bouncers do not have this special training, nor do they have permits, so they do not have any special authority. The authority of a bouncer is the same as any other normal citizen or employee.
For example, bouncers do not have the right to physically remove a customer, even if the customer is drunk, is being annoying, or is someone who they simply do not like or who they are mad at.
Many people are surprised to learn that under the law a bouncer can only ask you to leave the property or premises – they cannot order you to do so. If you refuse to leave, they must call the police to have you removed. However, bouncers can detain you if they see you commit certain crimes.
This is known as making a citizen’s arrest, and it applies to all people, not just bouncers. If they observe you committing a felony, or a misdemeanor that is causing a breach of the peace, bouncers can use force to detain you. They can only use enough force to subdue you until a law enforcement official arrests you.
Bouncers can only use what is called “reasonable restraint.” Reasonable restraint means that the way they detain you and the length of time must be justifiable according to the facts and circumstances of the incident.
While bouncers do not have the authority to act physically, bouncers also do not have to act like punching bags. Like any other citizen, bouncers do have the right to exercise self-defense. For example, if you refuse to leave the nightclub and then punch a bouncer, they can likely claim self-defense if they punch you back.
What Remedies Do I Have if a Nightclub Bouncer Assaults Me?
Even though the law says that a bouncer does not have more authority than any other person, in reality, it may be difficult to prove that the bouncer assaulted you. Since bouncers know they can defend themselves, they will likely say you started a fight or threatened them. Also, most nightclubs have multiple bouncers and other co-employees who will act as witnesses and who will work to protect each other.
These factors make proving assault more difficult. If you are ever in an argument with a bouncer, you should remember to be careful about what you say or do (for example, avoid shoving them, spitting on them, or otherwise getting into their face) because they will likely use this as an excuse to attack you and say that you started the incident.
If your case involves a fight that is quite uneven (for example, you were threatened or attacked by a group of bouncers, not just one ), then you will likely have a legal case against them.
Many bouncers do not get much training and might be using dangerous techniques without realizing the seriousness of what they are doing. For example, sitting on you or handcuffing you face down against the floor are actions that are known to cause possible suffocation. These are very dangerous techniques that bouncers should not be using.
Bouncers can be held legally responsible for claims of assault and battery, and can face both civil and criminal liability. “Assault” means threatening violence or attempting violence against you. “Battery” means making contact with you.
It is possible to bring civil or criminal action for assault and battery. A civil action is a private lawsuit where you sue an individual to collect damages for any injuries you receive. A criminal action is when the government prosecutes a person, and it can lead to criminal penalties (such as probation, fines, or jail time).
Who Is Legally Responsible if a Nightclub Bouncer or Security Personnel Assaults Me?
If a nightclub bouncer physically harms you, they can, of course, be held personally and financially responsible for your injuries through a civil lawsuit. However, the average bouncer may not have a lot of money. If you bring a lawsuit against a bouncer, it is a good idea also to sue their employer (i.e., the nightclub). This will greatly affect the amount of money that you may be able to collect.
In underemployment liability law, an employer is generally legally responsible for an employee’s actions if the employee was negligent. A person is considered negligent if they acted carelessly given the specific circumstances surrounding the situation. Four essential elements must be demonstrated to establish negligence and recover for injuries:
- The defendant must have owed a duty to the plaintiff. This is easy to establish in a case involving an injury caused by a nightclub’s bouncer because the bouncer must treat customers nonviolently, and the nightclub owes a duty to all its customers to keep them safe while they are in the nightclub’s property.
- The defendant must have breached the duty. This is true if the bouncer used violence against the customer and also if the nightclub hired this particular bouncer, knowing that they have a history of physical altercations with patrons.
- The negligent act(s) must have caused the plaintiff’s injuries. This is usually established by asking, “But for the defendant’s action or inaction, would the injury have occurred?”
- Damages. This just means that the plaintiff must have suffered some kind of harm.
The employer can be found legally responsible only if the bouncer was acting within the scope of their duty (i.e., work responsibilities) when they attacked you. For example, if the bouncer was following directions from the boss when they hurt you, you may be able to sue the employer. However, if the bouncer acted independently – perhaps by escalating the use of force in a manner prohibited by the nightclub – it may not be possible to hold the employer responsible.
If you sue a nightclub, it is important to remember that any money you try to collect will likely come from their insurance. Most nightclubs have insurance policies that they will use to pay for any possible legal responsibility. However, nightclub insurance almost always includes an “assault and battery” section that says that the insurance company will not pay for willful assault by an employee.
The insurance company will try to argue that they do not have to pay because the bouncer’s actions were intentional or willful, not negligent. The difference between willful and negligent actions can be very complicated. If the nightclub or their insurer puts up a defense concerning the bouncer’s level of intent, It is recommended that you have a lawyer help you with your case.
Should I Hire an Attorney if a Nightclub Bouncer Assaults Me?
It is a good idea to immediately talk to a personal injury attorney who will know the best way to handle your case. A lawyer can look at the facts in your specific case. The details of your case will determine whether you will be able to receive money to pay for your injuries. Hire a local lawyer who is experienced and familiar with these kinds of cases.
