The vast majority of security guards and bouncers do a great job protecting customers and keeping a sense of peace around an area, but there are also times when these employees take matters into their own hands a little too quickly. If you or someone in your group was injured by a bouncer or security personnel, know that you may have compensation options, but it’s not an award that will be easy to win on your own. Below, we explain how you need to proceed if you are hoping to collect compensation after being injured by security personnel.
Pursuing Injury Compensation From A Bouncer
It’s important to remember that no two injury cases are ever the same, but there is a general set of circumstances that need to be present in order for an individual to be able to pursue a personal injury lawsuit. Those factors are:
- You suffered damages (like medical bills, lost wages) as a result of a physical injury.
- The defendant (security guard, bouncer, etc.) directly caused your injuries.
- The defendant breached their duty of care.
As you can probably imagine, it’s generally pretty easy to prove the first two points if you are involved in an altercation with security personnel. If things get physical, you may be injured as a direct result of their actions. However, the third element is both essential and oftentimes difficult to prove, and that’s that the bouncer failed to uphold their duty of care. The security guard or bouncer has a duty to care for all individuals and employees within a specific area, and if your actions suggest that you are a threat to someone else’s safety, they are within their rights to physically escort you from the premises. If you get disorderly or physically resist, they may match aggression with aggression, and in these instances they may not be liable for standard injuries that occur during this time.
It really comes down to whether or not a security guard crossed the proverbial line and acted in a manner inconsistent with the perceived threat. If they escalate the situation instead of doing their best to defuse it, you may have grounds for an injury lawsuit, but again it won’t be easy to earn compensation. The courts tend to side with the perceived peace keeper instead of the customer, so your case needs to be quite compelling, even if you were in the right. And if alcohol was involved, your case only becomes harder to prove.
In these scenarios, we highly recommend working with an experienced injury lawyer like Dean Margolis. He’ll work tirelessly to uncover the facts, review video footage, interview witnesses and piece together an airtight case that shows that you were victimized by the actions of security personnel. Some security personnel incorrectly believe they have carte blanche to handle a perceived threat in any manner they want, but if they cross the line and cause injuries, they should and can be held accountable.
Even if you’re not sure if you have a legitimate case, we recommend that you pick up the phone and connect with legal representation. Dean or a member of his team can conduct an initial assessment and discuss whether or not your case may have merit. If you choose to have him represent you, he’ll get to work building a strong case that he can support in front of a judge. Let him go on the offensive and get the compensation you deserve after being unjustly injured by a bouncer or security guard in Minnesota.
For more information, or for help with a different type of injury claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.
- Nurse Case Managers And Your Workers Compensation Case - November 20, 2024
- Debunking Five Myths About Injury Lawyers - November 13, 2024
- Five Hidden Benefits You Can Collect After An Injury - November 6, 2024