Since this is a civil procedure, you will be required to prove your case through the preponderance of the evidence. Each of these cases requires showing different elements.įor example, if you are filing a claim based on negligence, you will need to show the existence of four main elements a legal duty, breach, causation, and harm. You may be suing due to the negligent or intentional actions of a bouncer or bar staff member. Generally, before you can get compensation, the court will expect you to prove all of the necessary elements in your claim. Victims injured by bouncers and bar staff members can file a personal injury lawsuit to get compensation. Compensation for Victims Injured by Bouncers and Bar Staff in Queens, NY It is always in your best interest to contact a skilled Queens attorney for victims injured by bouncers and bar staff members. A bar owner may be vicariously liable for the negligent or intentional actions of their employees. Bouncers and staff members do not operate independently they are employees. However, there is an additional element to consider. If you can relate to either of the mentioned scenarios, you may have a cause of action based on negligence. If the bouncer or staff member touches the patron or otherwise inflicts physical injury, they can be charged with battery. If a patron is placed under a feeling of apprehension of imminent harm, they can claim that the bouncer or staff member engaged in the assault. However, there is a distinction between reasonable use of force and excessive use of force.Ī bar’s security personnel – whether it is a bouncer or a staff member – must make sure that they do not cross the line when performing their duties. Physical force is common for individuals working as bouncers or security personnel. Intentional tort refers to the willful, planned action to inflict harm upon another. There have been numerous cases where bouncers and staff members engage in what is known as an intentional tort. We can help if you were injured by a negligent bouncer or staff member in a Queens, NY bar. For instance, if they try to push an intoxicated patron out of the bar, and the patron falls and injures their head, then the patron may have a cause of action against the negligent bouncer or staff member. However, there are different scenarios where bouncers and staff members may be found liable for negligence. In this circumstance, the bouncer or staff member may need to use force to physically remove the patron from the premises. For instance, imagine a drunken patron is yelling and instigating others to fight. Many times, the force employed by a bar’s security personnel may fall within safe parameters. The reason behind this reasoning is that a bouncer’s or staff member’s job may require the use of force. In order to have a basis for a personal injury claim based on negligence, the acts or omissions must equal negligence. This means ensuring that they reasonably perform their duties, making sure they carry out their duties without “crossing the line.” A bar’s bouncer or staff member may be negligent if their actions or omissions lead to injuries. Injuries Caused by Negligenceīar employees, bouncers, and security personnel owe a duty of reasonable care to all patrons visiting the premises. We will explain both of these elements below. There are two main elements to consider when determining liability after an injury caused by a bar’s staff member or bouncer: negligence and intentional harm. People injured by a bar’s staff or bouncer may have a cause of action and can file a personal injury lawsuit against the at-fault parties. Not only does this include an obligation to make sure the premises are free from any dangers, but also an obligation to prevent inflicting harm upon those patrons. Liability for Victims Injured by Bouncers and Bar Staffīar employees, including security guards and bouncers – as well as the property owner – owe a duty of care to their patrons. Call our law offices today and schedule your free, confidential consultation. However, we can help you establish that your injuries were not your fault. Often, a bar’s owner, staff, or security personnel may try to shift liability to you. Thanks to our experience, we can help you understand what you can expect from your case and the strategies we can implement to help you get your compensation. At the law offices of Sullivan & Galleshaw, LLP, we can help you hold the liable parties accountable for your losses and fight for the compensation you deserve. We can help if you or a loved one was injured due to the negligence of a bar’s staff or a bouncer.
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