Who is Liable If You Are Injured by a Bouncer in TN?
A lot of people mistakenly believe that bouncers have the unrestricted authority to remove people from bars and clubs, use physical force against people, or beat up people. Contrary to what you’ve seen in TV shows or films, bouncers can only use reasonable force to remove people from the premises under specific circumstances. If a bouncer injures you, you may have a valid claim against them and their employer.
What Can Bouncers Do in TN?
Legally speaking, bouncers generally must ask you first to leave the property first. If you refuse to leave, the bouncer can then use reasonable force to get you to leave, or they can contact the police. But they are not allowed to use more force than is necessary.
They may also be able to detain you if you’re committing a crime. This is known as a citizen’s arrest. However, if a bouncer detains you, they must use reasonable restraint, which means the length of time and manner of your detainment must be reasonable.
Like all private citizens, bouncers also have the right to defend themselves. For instance, if you lay a hand on the bouncer or hit them because you refuse to leave the property, they can potentially hit you back and claim self-defense because you hit them first.
Who Pays For My Injuries If a Bouncer Assaults Me?
If a bouncer assaults or physically hurts you, they can be held liable for your injuries. But keep in mind that typical bouncers may not have the resources to cover your losses, especially if you suffered substantial damages. If you are bringing legal action against the bouncer, you should also file a claim against their employer.
The employment liability rule provides that employers can be held legally liable for the negligent actions of their employees. This may willful or intentional assault by employees if done within the scope of their employment. This also means that the employer can only be found liable for the bouncer’s actions if the assault happened while the bouncer was on the clock.
For instance, if the bouncer was simply following instructions (whether through explicit directions from the employer or company policy) when they injured you, you might have a claim against the employer. On the other hand, if they were acting on their own accord, holding the employer liable for your injuries may be challenging. The employer’s insurer will argue that their client is not liable for the resulting damages because the actions of the bouncer were willful or intentional, not negligent.
Seek Legal Guidance From a Personal Injury Lawyer in TN Now
If you have been injured by a bouncer in TN, you should talk promptly to a personal injury lawyer in TN who can evaluate your case and explain your options moving forward. Whether you can recover financial compensation for your injuries and whom you can recover compensation from will depend on the specific facts of your case. Contact the TN personal injury lawyer at Raybin & Weissman at 615-256-6666 or online to set up your free consultation today.