Can a Bouncer Hit Me?

Bar security personnel, or “bouncers,” can be liable for assault claims. An assault is an intentional tort that occurs when someone puts another person in fear or apprehension of imminent physical contact or bodily injury. Bouncers are treated as ordinary citizens. So, in most cases, a bouncer can’t make physical contact with a bar patron.

If a patron becomes unruly, the bouncer can ask the person to leave. If the person refuses, the nightclub should contact law enforcement. However, a bouncer may use reasonable force in self-defense if the patron attempts to make physical contact with them. An experienced premises liability lawyer can provide helpful legal advice in a personal injury case against a club owner.

Understanding Reasonable Force

A bouncer can hit you in certain instances. But this doesn’t mean they can approach, punch, and throw you out. The most significant rule in these cases is that a security guard or bouncer can’t strike first. But if you hit the bouncer:

• Lawful physical force is now on the table
• The bouncer can hit you back
• The bouncer can use the same amount of force you used against them

A bouncer still can’t hit you first. A bouncer also can’t use violence or force to get you to comply with an order. They also can’t hit you for refusing to comply with their orders. But they will be able to use force against anyone in the group that uses violence first.

Reasonable Force in a Fight

If a bouncer uses force, it has to be “reasonable.” Typically, a bouncer can only use force on a bar patron equal to whatever force they face. If you punch a bouncer in the face, they can punch you back. But if you slap the bouncer, they can’t pick up a beer bottle and hit you in the head. Excessive force is not legally acceptable, even if the other person started the confrontation.

Bouncers Breaking Up Fights

Bouncers can use force to stop an altercation or protect others. Even if no one directed violence at them, they can jump in at any time to protect others.

If your group gets into a bar fight, the bouncer could pin you down, even if you did nothing against the bouncer specifically. The “reasonable force” rule still applies. It isn’t uncommon to use force when dealing with an intoxicated person.

Legal Recourse for Injuries Caused by Bouncers

If a bouncer assaults you, they can be found liable for your injuries. The nightclub is not liable for the assault in most cases. Often, the bouncer can’t afford to pay for your personal injuries, especially if the case involves serious injuries.

In such cases, you may look to the business owner for compensation. You may be able to bring a case for negligent security or negligent hiring. This would be a claim against the nightclub owner for negligence. For example, if a bouncer assaulted you, the evidence may show the business was responsible for their employee’s actions if they:

• Failed to conduct a thorough background check on the bouncer before hiring them
• Failed to properly train their employee
• Failed to supervise the bouncer’s actions
• Retained the bouncer even after earlier episodes of poor conduct

You may be able to bring a premises liability claim asserting that the nightclub did not provide a safe environment. For example, if you claim that the nightclub didn’t hire enough security personnel and that a preventable harm would not have occurred, you may have a valid premises liability claim.

An experienced lawyer can help identify all potentially responsible parties that likely have the means to pay for your damages.

Proving the Nightclub’s Liability

In any case, you must prove your position with evidence. In a negligence claim, you must prove that the defendant in the case breached a duty owed to the bar patron. You must also show that the breach of duty caused your injury.

Bar owners have a general duty to exercise reasonable care in maintaining their property and keeping it reasonably safe. When a nightclub employee, or the nightclub itself, fails to meet its duty and causes a patron to get injured, they could be liable.

The investigation that will lead to proving your case could include the following:

• Obtaining police reports
• Obtaining incident reports from the establishment
• Interviewing witnesses
• Consulting security experts
• Evaluating employment records of employees involved in the incident
• Hospital and medical records

The outcome of each case depends on a unique set of facts and circumstances. To build a successful claim, you or your lawyer should conduct an investigation as soon as possible.

Compensable Damages You May Be Able To Recover

If you prove your personal injury claim, you may be able to recover compensation, including the following:

• Medical bills and other medical expenses
• Lost wages
• Mental anguish
• Pain and suffering
• Out-of-pocket expenses due to your injury

You may be entitled to recover money for other damages not listed above. An experienced lawyer can determine your case’s full range of damages.

Why You Need Legal Representation

An experienced premises liability lawyer can explain your legal rights and protect your interests. Most premises liability lawyers will provide a free case review. Get in touch with a lawyer today.