A bouncer provides security services for a nightclub or bar. Bouncers are not security officers. A security officer is someone licensed to provide security services.
Bouncers without a special license are regular employees. Bouncers, as employees of an employer establishment, are subject to the ordinary legal rules regarding the use of force. The ordinary rules regarding the use of force require that force may only be used in self-defense. With self-defense, the level of force can be no more than is necessary to respond to an individual’s use of or threat of force.
Who Can Work as a Bouncer?
Most states require bouncers to be at least 18 or 21 years old, depending on local alcohol laws. Employers often run background checks and drug screenings before hiring. Some cities and counties have their own rules about who can work as a bouncer. For example, people with certain criminal convictions may not be allowed to work in bars or nightclubs. Check with your local government for the specific rules in your area.
A bouncer may not forcibly remove an individual from the establishment. Rather, they must call the police to do so. In addition, patron behavior that an ordinary person would simply find irritating or annoying, does not constitute a threat requiring the use of force.
Bouncers can perform those job tasks permitted by law. These include:
- Asking an individual to leave the establishment;
- Refusing to allow a patron who appears to be visibly intoxicated to enter the establishment; and
- Detaining an individual who is in the process of committing a crime. This right to detain is called the right to make a citizen’s arrest. In order to make a citizen’s arrest, a bouncer must witness the crime in question. The bouncer may restrain the suspect until law enforcement arrives. The level of restraint must be reasonable.
What Should a Bouncer Do When a Patron Is Intoxicated?
When a bouncer encounters an intoxicated patron, they should follow a clear set of steps. First, politely tell the person they cannot enter or need to leave. Stay calm and avoid raising your voice. If the patron refuses or becomes aggressive, ask another staff member for help.
Do not use physical force unless you are in danger. If the situation gets worse, call law enforcement right away. Always follow your employer’s specific policies for handling these situations.
How Long Can a Bouncer Detain Someone?
A bouncer who makes a citizen’s arrest should only hold the person until police arrive. There is no set time limit, but the detention must be reasonable. The bouncer should call law enforcement right away and not delay. Holding someone for too long without calling the police could lead to a false imprisonment claim.
Can the Bouncer’s Employer Be Liable?
Under the law, an employer can be liable for acts performed by their employees. For the employer to be liable, the act must be performed as part of an employee’s job duties. The act must be negligent and unintentional.
Therefore, if the bouncer, as part of his job duties, carelessly used too much force in restraining someone at the employer’s request, the bouncer and the establishment can be liable. Here, the bouncer and employer are liable for the negligence in using unreasonable force.
Can You Sue a Bouncer for Assault?
If a bouncer, on their own (not at an employer’s direction), assaults a patron, the bouncer can be sued by a patron for the patron’s injuries. The patron can assert a claim of assault or battery. In such cases, the establishment cannot be sued, because the establishment did not authorize the bouncer to perform the act that caused injury. However, the establishment may be liable under a theory of negligent hiring, negligent retention, or negligent supervision.
A lawsuit against a bouncer may not be successful for several reasons. First, the bouncer may have limited financial resources. This limits the amount of money damages you can recover. Second, in a lawsuit against a bouncer, the bouncer may claim they were acting in self-defense. If a bouncer can show that the force they applied was reasonable and proportional under the circumstances, the bouncer’s self-defense claim will be successful.
What Penalties Can a Bouncer Face for Using Too Much Force?
A bouncer who uses too much force can face both civil and criminal consequences. In a civil lawsuit, the bouncer may have to pay for the injured person’s medical bills, lost wages, and pain and suffering.
On the criminal side, a bouncer could be charged with assault or battery. A conviction could lead to jail time, fines, and a permanent criminal record. This record can make it harder to find future jobs or pass background checks.
How Can I Protect Myself as a Bouncer?
A bouncer can ensure they are working within the bounds of the law by familiarizing themselves with their employer’s policies and procedures on what they can and cannot do. A bouncer should be able to identify those situations in which force is permitted and those in which it is not.
If the bouncer is unsure as to what they are permitted to do, they should contact the owner or management. A bouncer should also avail themselves of employer training on how to defuse potentially violent situations, with calm and without provoking anyone.
What Records Should a Bouncer Keep?
Bouncers should document any incident that happens during their shift. This includes any time they use force, refuse entry, or make a citizen’s arrest. Good records include the date, time, and location of the event. They should also note what happened, who was involved, and the names of any witnesses. These records can help protect both the bouncer and the employer if a legal dispute comes up later.
How Can an Employer Protect Themselves?
An employer can protect themselves from a lawsuit by thoroughly investigating potential hires. Investigation can consist of a background check, references request, and criminal records check, to the extent the law permits these. Establishments should not hire applicants whose background indicates they may harm a patron beyond the extent the law permits.
Once a bouncer is hired, an establishment should thoroughly train the bouncer on what the bouncer is and is not permitted to do as part of their job. The establishment should also inform the bouncer that if they use a level of force beyond what their employment requires, the bouncer, and not the establishment, will be liable.
Do I Need a License to Be a Bouncer?
An individual does not need a license to be a bouncer. However, an individual may become a security officer by obtaining a license. The license is awarded upon completion of training and exams. A licensed security officer has legal privileges a bouncer does not. These can include (among others) the right to carry a firearm, a baton, or handcuffs.
How Much Does It Cost to Get a Security Officer License?
The cost of a security officer license depends on where you live. Most states charge an application fee, which can range from $25 to over $100. You may also need to pay for required training courses and exams. Some states require renewal fees every one to two years. Contact your state’s licensing agency for exact costs.
Do Bouncer Laws Vary by State?
Yes. Bouncer laws can differ a lot from state to state and even between cities. Some states require bouncers to have a license, while others do not. Rules about how much force a bouncer can use also vary.
For example, some states allow citizen’s arrests only for felonies, while others allow them for any crime witnessed in person. Local alcohol rules may also affect what a bouncer can and cannot do. It is important to learn the specific laws in your area.
Do I Need Legal Help as a Bouncer or to Sue a Bouncer?
Trying to handle the case yourself is risky. Legal claims against bouncers can involve both civil and criminal liability. Without a lawyer, you may not understand the deadlines for responding to a lawsuit or the defenses available to you. A mistake in court could result in a larger judgment or even jail time.
If you have been injured by a bouncer, or you are a bouncer and someone has claimed you harmed them, you should contact a personal injury attorney. In addition, if you are an employer who is sued by a patron for a bouncer’s actions you should contact a business attorney. An experienced personal injury attorney near you can explain your rights and options, and can represent you in court.
