Bouncers and security guards are generally not exempt from assault claims. That means you can sue and possibly win compensation if you are the victim of an assault by a bouncer. In these cases, it is often the bouncer’s employer who will be liable for the bouncer’s actions, and thus your damages.
Intentional Tort vs. Negligence Claims After Assault by Bouncer
There are two kinds of lawsuits you can file after an assault by a bouncer:
- Intentional tort claim. You would file this suit against the bouncer himself or herself. An intentional tort, in contrast to negligence, happens when the alleged act of wrongdoing was committed intentionally. Assaults and other acts of violence constitute intentional torts.
- Negligence-based liability claim. A negligence-based liability claim alleges that you suffered an injury because the defendant’s negligence caused or contributed to your injury. In the case of an assault by a bouncer, you would file a negligence claim against the establishment that employs the bouncer.
S. Burke Law can help you explore liability for the assault and the damages you suffered because of it. We can help you pursue compensation via a claim against the bouncer and/or the bouncer’s employer.
Filing a Negligence Liability Claim Against the Establishment
A negligence claim against the establishment that employs the bouncer alleges that the employer had a duty of care to protect you from a danger, and failed to uphold that duty. For example, that the employer hired a bouncer with a long criminal history of violent crimes. The employer may also be negligent if it encouraged or otherwise allowed bouncers to be rough with patrons.
A negligence claim against the employer may also hold the employer vicariously liable for its employee’s actions, even if the employer was not directly negligent in hiring or managing the bouncer.
Still Have Questions? Call 402-842-7838 to Speak to an Attorney at S. Burke Law
Filing a lawsuit against a defendant who committed or is liable for assault and battery upon you can be a complicated process. Our attorneys can evaluate your case, answer your questions, and offer straightforward advice on the best course of action. Call today to set up a free consultation: 404-842-7838.