After a night out, the last thing you might expect is to get into an altercation with a security guard or bouncer at the bar. But every year, far too man patrons find themselves in these precarious situations. After an assault from a bouncer you may be wondering what your rights are and if you may have the ability to recover for your damages. While each case is dependent on the specific circumstances of the assault, many times victims can recover for their injuries.
A Sample Scenario
A drunk and out of control bar patron begins to throw beverages and silverware at other patrons. The bar staff, including bouncers, observe this out of line behavior and other patrons express unease and ask if the individual may be removed from the bar. A few bouncers attempt to remove the patron from the bar, but he becomes aggressive and the bouncers shove him out the door in response. The patron hits the ground and strikes his head.
In this scenario, it is possible that the bouncers may be liable for negligence. Although the intention was to protect themselves and other bar goers, they may have used excessive force that resulted in bodily harm. And it could be argued that the bouncers should have known that by shoving the individual he may fall and hurt himself.
Satisfying the negligence burden of proof in these situations can be particularly difficult because many bars lack security cameras and the witnesses may be intoxicated or unreliable. Nevertheless, an attorney can assist in gathering evidence and helping prove the negligence to ultimately prevail. Experienced attorneys understand how to navigate the discovery process to obtain documents and information in victims’ favors.
Employer’s Responsibility and Liability
Sometimes bouncers are employees of the bar, but in other cases they are employed by a contracting company that is hired by the bar. In these situations it is important to understand who may also bear the responsibility of the negligent bouncer. It is possible that you may have a suit against the bouncer as an individual, the owner of the bar, and/or the contracting bouncer company. All of these nuances will be sorted out and investigated by your attorney. Depending on the facts surrounding your case, your attorney will determine who may be held liable for your injuries. For example, if the bouncer contracting company was providing insufficient training to their bouncers, they may be at fault. If the bar owner knew that the training was inadequate or should have reasonably known that the training was inadequate they may also be at fault.
What Can be Recovered
You are able to recover your damages for the following:
- Existing Medical bills to date
- Future medical bills for your continued recovery
- Emotional distress and pain and suffering
- Lost wages due to injury from your accident
After experiencing an injury, particularly after a fun night out, individuals can often experience great emotional distress. Many victims and their friends experience a decreased joy in doing the old activities that they used to do and their livelihood may decrease. These non-economic damages can be monetized by a personal injury lawyer, like Anderson Franco. By working with Anderson Franco you will help ensure that you obtain the outcome that you want and compensation for both the injuries and emotional distress that you have endured.
Why work with an attorney
Anderson Franco has extensive experience in lawsuits pertaining to bouncers and bar assaults. His experience can improve your chances that you will obtain a successful resolution, which can include significant money settlements. Reach out to Anderson Franco for a free consultation and case review, he will assist you in better understanding how you can move forward with your lawsuit.
Anderson Franco will give you the attention that you deserve. He is available for his clients, willing to patiently hear your story, and ultimately pursue your claims to obtain the best outcomes for you. For many other law firms your case will be one of many and may get lost in the shuffle, however Anderson Franco will treat your matter with the attention that it deserves.
Proven Track Record
Anderson Franco has litigated bar and bouncer assault matters in the San Francisco Bay Area. He is a trusted advisor, confidante, consultant and attorney to all of his clients. As a graduate from the University of California, Berkeley School of Law, he also has a strong network of individuals he can consult and rely upon for unique or specific aspects of any case.