Most NYC patrons understand that security guards and bouncers have a right to use some amount of force if they believe they have good cause to throw someone out of an establishment. Sometimes, though, security guards and bouncers go overboard, causing undeserved injuries to patrons. What should you do if a security guard or bouncer in NYC injures you?
If you were injured by a security guard or bouncer, a lawsuit could be the best option to recover the compensation you will need to help recover from your injuries. Security guards and bouncers can cause injuries both from carelessness and intentionally causing you harm. In some cases, you might also be able to file your claim against the business owner responsible for the security guard or bouncer.
If you have been injured by an NYC security guard or bouncer, our NYC attorneys for assault by a security guard can help you get the compensation you are owed. Call The Carrion Law Firm at (718) 841-0083 for your free case analysis today.
Can I Sue for Injuries Caused by a Security Guard or Bouncer in NYC?
Cases involving security guards or bouncers can be very challenging to litigate in New York City. Security guards and bouncers will be in situations where they have to keep patrons safe while also being expected to remove disruptive people who may not otherwise want to go.
However, if you have been the victim of a security guard’s or bouncer’s negligence or if one has injured you on purpose, you have the right to hold them responsible for the damages they caused.
Injuries Caused by Security Guard or Bouncer Negligence
Security guards and bouncers have several duties that they are required to perform. They not only have a duty to keep the premises reasonably safe for patrons but must also act reasonably when dealing with customers. This means that security guards and bouncers may use force if it is in self-defense, in defense of another patron or employee, or to remove a violent person. However, the force used must be reasonable, given the circumstances. Excessive force is not permitted.
A security guard or bouncer who fails in these duties can be sued for the injuries that result from their negligence. For example, if a customer has had too much to drink and starts a fight with another person, a security guard or bouncer will step in to stop the situation. If it is necessary for the security guard to punch the instigator during the fight, but accidentally elbows the person they were defending, the security guard could potentially be held liable for their negligent actions.
Injuries Caused by Intentional Violence
It could be more likely that your injury is the result of being intentionally harmed by an NYC security guard or bouncer, a category of the law known as intentional torts. The most common of these is assault and battery.
Because security guards and bouncers’ roles often involve crowds and upset patrons, things often get heated. When they do, an NYC security guard or bouncer might lose their composure and react with damaging results. This often comes in the form of an assault, battery, or even false imprisonment. A lawsuit can be difficult to prove, given the allowance to use force that security guards and bouncers have in NYC.
Examples of Injury Cases Against Bouncers or Security Guards
While bouncers and security guards are meant to keep people safe and to maintain order, they sometimes make mistakes and hurt the wrong people. In other cases, they exercise force to regain control over a dangerous situation only to take things too far and cause unnecessary injuries and damage.
Fighting
One of the primary reasons bars and nightclubs hire bouncers and security guards is to prevent fights between patrons. Anywhere that alcohol is served is a breeding ground for fights, and bouncers are employed to stop them and remove rowdy patrons. Unfortunately, bouncers and security guards can make mistakes and forcefully remove the wrong person.
For example, someone might have tried to start a fight with you, but a bouncer removed both you and them by force, even though you did nothing wrong. The bouncer might have been way too forceful and hurt you. In that case, you might have a legal claim for damages.
Mistaken Identify
Bouncers and security guards might also cause injuries because they believe you are someone else they need to remove from the venue. Security guards might be alerted that someone needs to be removed from the premises, and they may be given a vague description of the person. You might have matched the description by coincidence, and the bouncer might have hurt you when trying to remove you.
Mistaken identity is also common in crowds. A bouncer might be trying to break up a fight, but there are so many people involved that the bouncer cannot tell who is involved and who is just a bystander. As such, innocent people might be hurt by mistake. However, even though it was an accident, the bouncer or security guard may still be held responsible.
Unnecessary Force
Even if you were the person the bouncer wanted to remove for causing an alleged disturbance, the bouncer must use appropriate force. Typically, a bouncer or guard will ask someone to leave before resorting to force. If they use force, it is usually just enough to get someone to leave without causing injuries. Excessive force may only be necessary when the person being removed physically resists or fights back.
If the bouncer or guard used very sudden and excessive force, they might have injured you, and they might be responsible for your damages.
Can I Hold an NYC Business Owner Responsible for the Injuries Their Security Guard or Bouncer Caused?
In certain cases, it may be possible to hold the business owner or party responsible for the security guard or bouncer liable.
NYC business and venue owners could be held vicariously liable for their employee’s negligent or harmful acts and can be named in your NYC security guard or bouncer injury lawsuit as a party. They must also act reasonably when hiring security guards or bouncers by conducting background checks and denying employment to security guards or bouncers with a history of violence or crime.
The catch, though, is that the security guard or bouncer’s acts must have been committed during the normal scope of their job duties to hold their employer liable. Usually, this will not be a problem to show unless the security guard or bouncer’s conduct was so outrageous that a business owner cannot be held reasonably responsible for their employee’s actions. Our NYC personal injury lawyers can help you hold all the right parties accountable for your injuries.
Evidence to Prove Injuries Caused by a Security Guard or Bouncer in NYC
To prove that a bouncer or security guard negligently injured you, we need as much evidence as we can get. Much of our evidence will likely come from the location of the incident, although we can expand our search if necessary.
Many incidents with security guards and bouncers occur in crowded bars, clubs, or entertainment venues. As such, when an incident occurs and someone gets hurt, there are often many witnesses. You might have been with friends who can back you up and testify about what they saw. We can also talk to others who might have seen the incident go down.
Even if no witnesses come forward, we can likely use security camera footage to support your claims. Many places that employ bouncers also have security cameras. The trick is getting copies of the footage before it is accidentally or intentionally erased or deleted.
In cases like this, defendants often try to downplay how much force they used or how badly injured the plaintiff is. To prove them wrong, we can use copies of your medical records as evidence. These records may indicate just how severely you were injured and that a great deal of force was likely used to cause the injuries.
Possible Damages in Personal Injury Cases Against Security Guards or Bouncers
Damages in injury cases against bouncers and security guards may represent a significant sum of compensation. You might have steep medical costs, and you might even be unable to work while you recover, making all your expenses even harder to afford.
We should first assess all your medical costs. Your injuries might have required urgent medical attention, which was likely not cheap. If your injuries are serious, you might still be receiving treatment, and your hospital bills may continue to accrue.
We must also think about certain non-economic damages revolving around personal painful experiences. When people are injured by security guards or bouncers, they often report feeling deeply humiliated. In many cases, people at the bar or club where the incident happens stand around and laugh. We can include damages for humiliation and possibly damage to your reputation in your claims.
It is also possible that you lost certain personal belongings during the incident. Your phone might have been lost or damaged. Maybe personal items like jewelry or watches slipped off and were gone, never to be seen again. We should include the cost of replacing these items in your claims.
What Should I Do Immediately After Being Injured by a Security Guard or Bouncer?
The first thing you should do after being injured by an NYC security guard or bouncer is get medical attention immediately. Also, report the injury to the police if it involved intentional harm.
Emergency room or urgent care records and police reports are important pieces of evidence in security guard or bouncer injury cases. Getting the treatment process started as soon after the injury as possible is crucial to your chances of recovery if you decide to file a lawsuit in the future.
After receiving treatment for your injuries, your next step should be to contact one of our skilled NYC attorneys for assault by a security guard. Our NYC security guard or bouncer lawyers can help you obtain much-needed evidence that can be difficult for victims to get themselves, like security footage from the venue or employee records for the security guard or bouncer.
Our Albany personal injury lawyers can also act on your behalf to negotiate with insurance companies whose main goal is to shift the blame to you.
When to Sue for Injuries Caused by Bouncers or Security Guards in NYC
If you were recently injured because of a negligent bouncer or security guard, you should speak to an attorney about your claims soon. The time to file your case might already be running out.
When we file your case may depend on the specific nature of your claims. General personal injury claims that usually stem from unintentional accidents must be filed within 3 years, according to C.V.P. Law § 214.
If the bouncer or security guard hurt you intentionally, perhaps knowing that they were using unnecessary force, we might instead have a civil claim for assault and battery. According to § 215, a claim like this must be filed within 1 year.
The time to file might be passing a lot faster than you realize. Many cases take months or more to prepare before they are filed. As such, it is imperative to contact a lawyer for help immediately so that you do not risk running out of time. If we cannot file the case on time, you might be time-barred from ever doing so.
Our NYC Attorneys for Assault by a Security Guard Can Help
If a security guard or bouncer has injured you, our Utica personal injury lawyers can help you decide if a lawsuit is right for your case. Call The Carrion Law Firm today at (718) 841-0083 for a free case review.