Many people have misconceptions about what bouncers are legally allowed to do. Contrary to popular belief and the way they are portrayed in the media, bouncers are not free to engage in excessive force or violence as they see fit.
Generally speaking, bouncers can only use force if it is first used against them. These are the same rights as any ordinary citizen (i.e. the right to self-defense). On the other hand, bouncers are legally allowed to perform such tasks as:
Most bouncers are trained to remedy situations through verbal communication rather than physical force. Often times their presence alone is enough to deter patrons from aggressive behavior.
Bouncers are not entitled to engage in the use of force unless they are first threatened with physical harm. Thus, unless they are approached with physical threats of harm, bouncers are not entitled to:
In other words, bouncers are simply ordinary persons who are subject to both criminal laws as well as civil personal injury laws. If you have been treated aggressively by a bouncer for no reason, you may have a basis for a lawsuit, and the bouncer might even be held criminally liable.
If you feel that you have an assault claim against a bouncer or the establishment that employed the bouncer, you may be entitled to a monetary damages award to reimburse you for your losses. If so, you should take the following steps:
Finally, most establishments require bouncers to make written incident reports, especially where they have used force. You should inquire as to whether an incident report was made, and request a copy. If the establishment is unwilling to provide an existing report, you may need to file a motion with a court to compel them to produce it.
Bouncers are necessary for the operation of some businesses. However, their scope of authority is much more limited than most people believe. If you are unclear as to what bouncers are legally allowed to do, you may wish to contact a personal injury lawyer for advice. Your lawyer will be able to help you file a claim in court, and can provide you with representation during the process. In most cases a damages award may be issued for injuries caused by a bouncer.
Last Modified: 06-26-2018 04:25 AM PDTLaw Library Disclaimer
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