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
Komie & Morrow, LLP today.