Bouncers working at bars and clubs in the Austin area often have very difficult jobs. They have to scrutinize the identification presented by younger patrons to check for fake Ids. They need to spot known troublemakers at the door and keep them from entering. They have to intervene if two attendees at a concert get into a physical altercation.
When the staff inside refuses to serve someone who is visibly intoxicated, a bouncer may need to physically remove someone from the premises because they are angry about the staff’s decision to refuse them additional drinks. The job often involves making physical contact with people who are highly emotional and possibly under the influence.
With that said, bouncers need to take care when executing their job duties. A bouncer could, if they get too aggressive, cause someone injury and might also damage someone’s property, including breaking a mobile device or tearing designer clothing. Is it lawful for a bouncer to become physically aggressive when removing a patron from a facility or refusing them entrance?
Bouncers often take steps that violate best practices
Technically, it is lawful for those working as private security professionals for businesses to use physical force when necessary and appropriate to perform their jobs. However, every security professional should undergo training that includes de-escalation tactics to keep situations from becoming physical and instruction on state laws.
There are many rules that limit the use of force when removing a patron from a business. When bouncers are unnecessarily aggressive or violent, they put themselves and their employer at risk of a lawsuit.
Aggressive staff may lead to premises liability claims
When someone gets hurt at a business, the situation often falls under the umbrella of premises liability. Businesses typically have to maintain safe spaces and to train their workers appropriately to protect customers and members of the public.
Mistakes and oversights that lead to injuries, including failing to properly train security personnel, could leave a business liable to a premises liability claim. In certain cases, the professional might also face a lawsuit or even prosecution if they went too far while performing their job. Those hurt at a business due to the conduct of the people working there may have grounds to seek compensation.
Discussing a possible premises liability claim related to a bouncer’s aggression can help someone who has been hurt as a result of an interaction with an overly-enthusiastic bouncer evaluate their legal options.