When is a Nightclub Liable for its Employee’s Force?

Everyone knows a guy that has gotten too drunk and started to become rowdy, often, it is that guy (or girl) who is kicked out from the bar…by the bouncer.
Club security often act like they are above the law, able to apply whatever force necessary to kick out your friend Tim.
Often the bouncer’s force will injure innocent patrons while in their path of fury, destroying all that gets into his or her way.
Bouncers are unqualified to do this, in many cases, unwelcomed physical contact can be considered assault. When a man or woman is being disruptive the club security should ask the person to leave, and if they don’t comply, to call the police.
It is only when the disruptive individual becomes physically aggressive that the bouncer may have the right to engage, but this is discretionary. Basically, the only time that it may be okay (but potentially not) is when the contact is unprovoked and in self-defense.
The nightclub is often liable for any injuries caused by their employees through the legal principle known as “vicarious liability”. It is the clubs responsibility to have their employee’s properly trained, to have done background checks, and to make sure their bouncers understand their physical boundaries.
If you are injured by a bouncer or any employee in a club, make sure you write down the name and number of various witnesses of who witnessed the incident, because otherwise, it is your word against theirs, which is way harder to prove.
Call us if you have been injured by any employee at a nightclub, the club may be liable for your injuries, on top of any civil or criminal liability. Millars Law often represents people assaulted or injured by bouncers.

519-657-1LAW (1529) | Info@Millarslaw.com

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