While everyone likes going out for a night on the town in South Florida, it can sometimes lead to unfortunate encounters, especially in some of the busier nightlife areas. When situations unfortunately escalate to violence, it’s not uncommon for patrons to be assaulted by the very people who are there to keep the peace: the nightclub bouncers and security.
In the event of an assault by a bouncer, patrons may consider two primary courses of action: an intentional tort claim against the bouncer and a negligent security or premises liability claim against the business. Establishing fault and proving violations by the bouncer or nightclub management is critical to building a strong case.
What Can You Do After Being Assaulted By A Bouncer?
A bouncer has no special legal privilege to use force on a patron. Florida security staff rely on the same self defense rules as everyone else. Under Fla. Stat. 776.012(1) a person is justified in using non deadly force only to the extent he or she reasonably believes it is necessary to defend against another's imminent use of unlawful force, and under 776.012(2) deadly force requires a reasonable belief that it is necessary to prevent imminent death or great bodily harm or the imminent commission of a forcible felony.
Consent is a defense to a battery claim, but it reaches only the contact a person actually agreed to, and walking into a nightclub is not agreement to be struck. So the question in a bouncer case is whether the force was proportionate to what the bouncer was actually facing. Force that continues after a patron has stopped resisting, or after the patron is already outside the building, usually is not.
If a bouncer injures a patron, the patron can sue the bouncer for the intentional tort and, in many cases, the venue as well.
Identifying The Nature Of Assault
Under Fla. Stat. 784.011(1), an assault is an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and an act that creates a well founded fear that the violence is imminent. No touching is required. In a nightclub that looks like a bouncer squaring up and threatening to put a patron in the hospital. The moment the bouncer actually grabs, shoves or strikes, the conduct becomes battery. Which one it is affects both what the State can charge and how you plead the civil claim.
If the victim believes a bouncer has assaulted them, they should document the incident as accurately as possible, including any relevant details about the bouncer, witnesses, and injuries sustained. In some cases, a victim may be able to file a negligence lawsuit against the establishment that employs the bouncer, especially if the establishment breached its duty to keep patrons safe.
Distinguishing Between Battery And Assault
Battery under Fla. Stat. 784.03(1)(a) does not require an injury. Actually and intentionally touching or striking another person against that person's will is enough on its own, and so is intentionally causing bodily harm. By contrast, assault does not necessarily involve physical contact and turns instead on a threat that creates a well founded fear of imminent violence.
So if a bouncer shoves you to the ground, that is a battery whether or not you were hurt. If a bouncer only threatens you and never touches you, that is an assault. Either way you may have a civil claim against the bouncer for the intentional tort, and Fla. Stat. 95.11(3)(n) gives you four years from the incident to file it. A negligence claim against the club runs on a shorter clock: two years under Fla. Stat. 95.11(5)(a) for a cause of action accruing after March 24, 2023, four years if it accrued before that date. Those two deadlines are different, and missing the shorter one can cost you the claim against the business while the claim against the bouncer is still alive.
Nightclub Liability And Duty Of Care
Nightclubs must fulfill their duty of care by creating a safe environment for their patrons and properly training their staff, including bouncers. If this is not done, the nightclub can be held liable under premises liability laws for injuries or damage that could have been prevented.
Establishment's Responsibility
Like any other business, nightclubs are responsible for providing a safe environment for their guests. This includes ensuring that their entire staff is properly trained and behaves professionally.
If a nightclub fails to meet this duty of care, it can be held liable for any injuries or damages caused by its negligence.
To establish liability you have to prove the nightclub owed you a duty of reasonable care as a business invitee, breached it, and that the breach caused your injuries. A club can be on the hook for what a bouncer does in two separate ways. It can be vicariously liable for an employee's act committed within the scope of employment, which for an intentional tort generally means the force was used in furthering the employer's business rather than for the employee's own reasons. It can also be directly liable for its own negligence in hiring, training, retaining or supervising that person, and that claim does not depend on the assault falling within the scope of employment.
Premises Liability And Negligence
Premises liability is a legal principle that holds property owners and managers responsible for any injuries caused on their premises by their negligence. In the context of nightclubs, premises liability can involve situations like these:
- Inadequate lighting: poorly lit areas that contribute to accidents or make it difficult for security personnel to spot potential threats.
- Slip and fall injuries: where the hazard is a spill or other transitory foreign substance on the floor, Fla. Stat. 768.0755 requires proof that the business had actual or constructive knowledge of it and should have acted. That is a narrower and harder test than the ordinary negligence standard that governs a bouncer assault or a negligent security claim.
- Hazardous Obstacles: The presence of dangerous objects or equipment in the nightclub that could cause injury.
- Negligent Security: The lack of adequate security measures and personnel in a nightclub to prevent assaults, altercations, or other violent incidents.
If patrons are injured due to a nightclub's negligence in maintaining a safe establishment, they may have grounds to file a legal claim against the establishment. By proving that the nightclub breached its duty of care and caused the patron's injuries, the victim can recover damages for medical expenses, lost wages, pain, and suffering.
Steps To Take Immediately After The Incident
What you do in the first 48 hours shapes the claim, because nightclub video is often overwritten and witnesses who were there for one night are hard to find again.
Seek Medical Attention
Even if the injuries are not immediately visible, the first thing you should do is see a doctor. A medical professional can assess and treat visible and internal injuries. In addition to treating your physical condition, medical treatment can provide you with important documentation that can be used as evidence in later legal proceedings.
Reporting The Incident To Law Enforcement
Contact the local police and make a detailed report of the incident, including any information about the bouncer, the nightclub, and the events leading up to the assault. If you report the offense, a formal investigation will be initiated, which may include obtaining witness statements and collecting additional evidence.
One caution. If the officers start treating you as a participant in a fight rather than as the victim of one, stop and speak to a lawyer before giving any further statement. Otherwise, cooperate with the investigation and keep the case number and a copy of the report, which will matter in both the criminal case and your civil claim.
Gathering Evidence And Witnesses
You should gather as much evidence as possible to support any legal action against the nightclub or bouncer. This could include the following:
- Taking photos of your injuries
- Recording the location and time of the incident
- Collecting contact information from possible witnesses
Securing evidence and witness statements can strengthen your claim, especially if legal action is taken against the bouncer and the nightclub.
Legal Actions And Pursuing a Lawsuit
If bouncers have assaulted you at a nightclub, the best way to get fair compensation for your medical expenses, lost wages, and possibly even non-economic damages is to retain an experienced lawyer to file an injury claim.
An attorney will ensure that all appropriate steps are taken when documenting your claim, such as photographing your injuries, getting witness statements, pulling medical records, and documenting the incident. Your attorney will also ensure this documentation is done properly and in accordance with the law so that it can be used in your claim.
Intentional Tort And Negligence Claims
An intentional tort claim is filed when we can prove that a bouncer or security guard knew what they were doing was wrong but did it anyway. For example, if a security guard cornered you in a bathroom and beat you up, it would be considered battery, no matter the reason for the altercation.
Your lawyer would then seek out evidence to support the claim: security camera footage, incident and ejection reports, the bouncer's personnel and training file, and records of prior complaints about the same employee. Club video is routinely overwritten within days or weeks, so one of the first things an attorney does is send a letter demanding that it be preserved.
Dram Shop Laws
Florida’s dram shop law is much narrower than most people expect. Fla. Stat. 768.125 says a person who sells or furnishes alcoholic beverages to someone of lawful drinking age is not liable for injury or damage caused by that person's intoxication, and it creates only two exceptions: willfully and unlawfully selling or furnishing alcohol to a person who is not of lawful drinking age, or knowingly serving a person habitually addicted to alcohol.
Serving a patron who is visibly drunk is not one of those exceptions. Florida is not a visible intoxication state, so a claim that the club kept pouring for an obviously impaired customer does not by itself state a case under section 768.125. There is also no Florida statute called the Alcohol Abuse Act.
If a bouncer assaulted you, the claim against the venue almost always runs through negligent security and negligent hiring, retention or supervision rather than through the dram shop statute.
Speak To A Negligent Security Lawyer About Your Claim
If you’ve been injured by a bouncer or security guard while out at a bar or nightclub, you should contact the Weinstein Legal Team right away to speak with an attorney about your claim. Your case review is free, and you won’t pay anything for our legal services unless we win your case. You will not owe attorney's fees or costs unless we recover for you.
Call us now at 888.626.1108 or click here to schedule your free case review with a negligent security lawyer near you.
