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 you were injured by a security guard or bouncer in NYC?
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 be able to also file your s 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?
A security guard or bouncer cases can be very challenging cases 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 or bouncer’s negligence or 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 by removing 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.
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 use 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 with holding all the right parties accountable for your injuries.
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.
Our NYC Attorneys for Assault by a Security Guard Can Help
If you have been injured by a security guard or bouncer, 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.