Tennessee Bar/Bouncer Liability Attorneys

Bar and nightclub bouncers provide security in these establishments to keep patrons safe. However, not every bouncer and security employee acts lawfully when there is a disagreement or altercation. If you suffered injuries due to a bar bouncer’s actions, you should talk to a bar/bouncer liability attorney at Raybin & Weissman today.

Bar And Nightclub Bouncers Are Regular Employees

Some people think that bouncers are police officers or other law enforcement officials who have the right to beat up patrons and use physical force when they choose. This is not the case, as bar bouncers are usually regular employees who are not considered security professionals.

There are Tennessee laws that require bouncers with any type of enforcement power (such as to deny entry to an establishment) to have licenses. Most bars employ bouncers who lack this licensure, as they do not hire trained security contractors. A new law, effective January 1, 2023, will require bouncers to undergo additional training, though many establishments will likely not comply with the new requirements.

Like any other property owner, bouncers can ask you to leave the property. If you do not, they are allowed to use “reasonable” force to get you to leave, but they are not allowed to use excessive force, especially if you are not resisting. If they use more force than required and you are injured, you may be entitled to seek compensation from the bar.

Legal Options If A Bouncer Assaults You

The laws of Tennessee say that a bouncer does not have more authority than any regular citizen. However, proving in court that the bouncer assaulted you can be challenging. Bouncers have the right to self-defense like anyone else. If there is a fight, they will often argue that you caused it, and the nightclub owners can testify on their behalf.

If your bouncer liability case involves a fight where you suffered serious injuries, you might have a strong legal case. Many bar bouncers do not have proper training and could use physical and fighting techniques that are excessively dangerous. For example, breathing may be difficult if the bouncer kneels on top of you, and the bouncer might not realize this risk.

A bar bouncer can be held liable in Tennessee if they engage in assault or related offenses. Assault refers to threatening violence or attempting to use violence against you, as well as the actual use of violence or force.

You may be able to file a civil action against the bar and bouncer for assault and battery. A civil lawsuit is a private matter where you may sue someone for damages for the injuries you received in the altercation. This is a separate case from a criminal action, where the state or local government prosecutes the person and can lead to criminal punishments, including fines and jail time.

Can You Sue The Bar For Your Injuries?

If a bouncer injures you in a bar or nightclub, you probably wonder if you can sue the establishment for damages. Even if you file a lawsuit against the bouncer for assaulting you, it may not result in sufficient compensation for your injuries.

In that case, you may be able to file a claim against the bouncer’s employer. The nightclub should have commercial liability insurance that could pay you more for your injuries. It is usually in your interest to file a claim against the establishment rather than the individual bouncer or security personnel.

Bars and nightclubs, like other companies, must take legal responsibility for the conduct of their employees while they are on the clock. The lounge may be vicariously liable for the actions of its bouncers, servers, and bartenders. The establishment could owe you compensation if a bouncer assaulted you if he acted recklessly, criminally, or negligently.

Premises Liability Lawsuits And Bouncers

A nightclub may also be negligent in hiring an overly aggressive or reckless bouncer. If a “reasonable person’’ should have known about an applicant’s potential for acting aggressively and hired the bouncer anyway, this could be legally actionable.

For example, if the bouncer had a history of losing jobs or past criminal convictions for acts of violence, the club could be liable for hiring them. This type of negligence could be the basis of a premises liability lawsuit.

Premises liability in Tennessee states that a business or business owner has a legal obligation for the safety of its guests. Therefore, if the business owner welcomes you onto the property, they must ensure that the property does not have safety or health hazards. Some of the property defects and problems that could be the basis of a premises liability lawsuit include:

Bouncer assault
Inadequate lighting
Sidewalk defects
Inadequate security
Inadequate lighting
Dangerous stairs
Toxic substances
Dangerous animals

Inadequate security is a common reason for premises liability lawsuits. This refers to the lack of thorough security measures for the business location. This issue could lead to preventable crimes such as robbery, rape, assault, or burglary. Negligent security also can refer to the failure to hire professional security personnel and bouncers. A nightclub could be negligent if it did not perform a background check before it employed a bouncer. Or, they may have failed to train the security worker properly.

Before filing a bar/bouncer lawsuit in Nashville, it is essential to understand the basis of your legal claim. You must file an insurance claim or civil lawsuit with all the necessary facts and legal arguments to support your right to full compensation for your losses.

Contact A Nashville Bar/Bouncer Liability Attorney Today

You could have an injury case if you were assaulted by a bar bouncer, suffered injuries, and have damages. A Nashville bar/bouncer liability attorney from Raybin & Weissman may be able to obtain compensation for you in a personal injury lawsuit for your medical bills, lost income, and pain and suffering.