Sacramento Nightclub Injury Attorneys
Bouncer & Nightclub Injury Lawyers in Sacramento, California
All too often, people are under the misconception that "nightclub bouncers" and “security personnel” have a special right to physically remove individuals from the premises of a club. Sometimes, bouncers will utilize choke holds and strike individuals who refuse to leave, and such actions they have no right to do. Nightclub bouncers have no special rights when it comes to removing people physically. It can be deemed assault and battery. Most nightclub bouncers are just regular employees with no special security training or permits. This means that a nightclub bouncer’s authority is much same as anyone else’s.
It may be surprising to learn that as far as California law is concerned, a nightclub bouncer can request that you leave the premises, and if you refuse to do so, then call the police to have you removed. He does not have more of a right than anyone else to physically assault you. However, as with any other citizen, nightclub bouncers can defend themselves or detain you if you have committed a crime. Because most nightclubs have more than just one bouncer, often you will find that they stick together and will say that you started an altercation that caused them to defend themselves. However, if the altercation was ridiculously uneven (such as 5 nightclub bouncers attacking you), then you most likely have a good case of nightclub/bouncer injury.
Liability in Sacramento Nightclub/Bouncer Injury Claims
This sometimes can be quite the contentious issue in courts. Generally, if a nightclub bouncer utilizes unreasonable force in attempts to remove you from the premises, he most likely will be found liable for any injuries you sustained. Nonetheless, because the average nightclub bouncer rarely has much in assets, you may end up with a worthless judgment against him. Thus, it is important that when possible, a claim is filed that includes the employer. While this avenue for compensation poses challenges, it is a viable avenue to pursue. When it comes to employment liability claims, generally, the employer is only liable for claims resulting out of negligence (as opposed to willful assault and battery). What this means is that if the bouncer was acting within the scope of his duties (as instructed to do so by his employer), then the employer can be held liable. If, however, he was acting on his own, then you may have a hard time winning a claim against the employer.
Why a Sacramento Injury Attorney?
If you are a victim of nightclub/bouncer injury, you have the right to be fairly compensated for your injuries. At the Sacramento Personal Injury Law Firm, we are fully aware of what rights a nightclub bouncer has and does not have. Our highly-skilled Sacramento personal injury lawyers can help to determine if the nightclub bouncer used extreme force under the direction of his employer. With years of personal injury experience, our Sacramento personal injury lawyers can expeditiously help you maneuver through the complexities of your case in order to help you obtain the fair compensation you deserve.
It is important to note that nightclubs do have the burden of ensuring that their patrons are safe. They are obligated to ensure that fights do not break out and when they do, that they break them up and escort extremely inebriated or disruptive individuals from their clubs. In the event they fail to do so, and you are assaulted while on the premises while the nightclub bouncer(s) or security personnel do nothing to prevent the incident, then you may have a claim against the nightclub owner.
At the Sacramento Personal Injury Law Firm, we offer free nightclub/bouncer injury case evaluations. Contact us today for yours!
Contact a Sacramento nightclub injury lawyer regarding your legal matter!