A bar or nightclub employee, as well as the property owner, could be held liable for any personal injuries suffered by their patrons, such as injuries caused by a bouncer or security personnel. On many occasions, security personnel may become aggressive and inflict serious harm on patrons.
Bouncers and security guards are duty-bound to conduct their business in a non-negligent manner. In other words, they are vulnerable to face a premises liability claim if their conduct results in negligence.
In order for an injured patron to succeed in a lawsuit against a bar or nightclub for negligence, he or she must prove that the establishment breached a duty owed to the patron and that breach caused an injury. Security personnel is not immune from assault claims, so any intentional acts of putting another person in imminent physical contact or causing bodily injury can constitute as assault. For instance, a bouncer that violently pushes a patron and causes injury could be charged with assault and also held civilly liable for their actions.
If a patron starts becoming unruly, the bouncer needs to first ask that person to leave. If the person refuses, the bar or nightclub should contact law enforcement. However, if an intoxicated individual attempts to punch or otherwise make physical contact, the bouncer may engage in self-defense. Furthermore, if a patron is committing a crime or harming another patron, the bouncer may use physical force to defend and protect other persons from physical attacks.
In conclusion, bouncers and security personnel cannot use unreasonable force against any person. Therefore, if they do, the establishment can be held liable for the damages security has caused.
If you suffered an injury in Texas that was caused by the negligent actions of another party, contact our Austin personal injury attorneys at David Komie Law today.