Queens Attorney for Victims Injured by Bouncers and Bar Staff
We can help if you or a loved one was injured due to the negligence of a bar’s staff or a bouncer. 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. 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.
Often, a bar’s owner, staff, or security personnel may try to shift liability to you. However, we can help you establish that your injuries were not your fault. Call our law offices today and schedule your free, confidential consultation. Our phone number is (718) 843-0300.
Liability for Victims Injured by Bouncers and Bar Staff
Bar employees, including security guards and bouncers – as well as the property owner – owe a duty of care to their patrons. 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. 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.
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. We will explain both of these elements below.
Injuries Caused by Negligence
Bar employees, bouncers, and security personnel owe a duty of reasonable care to all patrons visiting the premises. 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. In order to have a basis for a personal injury claim based on negligence, the acts or omissions must equal negligence.
The reason behind this reasoning is that a bouncer’s or staff member’s job may require the use of force. Many times, the force employed by a bar’s security personnel may fall within safe parameters. For instance, imagine a drunken patron is yelling and instigating others to fight. In this circumstance, the bouncer or staff member may need to use force to physically remove the patron from the premises.
However, there are different scenarios where bouncers and staff members may be found liable for negligence. 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. We can help if you were injured by a negligent bouncer or staff member in a Queens, NY bar.
There have been numerous cases where bouncers and staff members engage in what is known as an intentional tort. Intentional tort refers to the willful, planned action to inflict harm upon another. Physical force is common for individuals working as bouncers or security personnel. However, there is a distinction between reasonable use of force and excessive use of force.
A 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. 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. If the bouncer or staff member touches the patron or otherwise inflicts physical injury, they can be charged with battery.
If you can relate to either of the mentioned scenarios, you may have a cause of action based on negligence. However, there is an additional element to consider. Bouncers and staff members do not operate independently; they are employees. A bar owner may be vicariously liable for the negligent or intentional actions of their employees. It is always in your best interest to contact a skilled Queens attorney for victims injured by bouncers and bar staff members.
Compensation for Victims Injured by Bouncers and Bar Staff in Queens, NY
Victims injured by bouncers and bar staff members can file a personal injury lawsuit to get compensation. Generally, before you can get compensation, the court will expect you to prove all of the necessary elements in your claim. You may be suing due to the negligent or intentional actions of a bouncer or bar staff member. Each of these cases requires showing different elements.
For 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. Since this is a civil procedure, you will be required to prove your case through the preponderance of the evidence. You will need to prove to the court the defendant failed to act as a prudent, reasonable person, causing you harm and losses. After you have proven your case, the court may grant you the compensation to cover losses such as your medical expenses, lost wages, and pain and suffering.
Conversely, if you are filing a claim based on intentional tort, you will need to show a set of entirely different elements. For instance, you will need to show the court that there was a deliberate attempt to inflict harm. Additionally, you will need to show that the defendant had the apparent ability to carry out the physical harm. Finally, you will need to show that such actions led you to feel a reasonable apprehension of bodily harm.
In both scenarios, the court will evaluate all of the circumstances surrounding your case to determine how much compensation you will receive. Our Queens attorneys for victims injured by bouncers or bar staff can help you fight for the compensation you deserve.
Queens Attorneys for Victims Injured by a Bouncer or Bar Staff Offering Free Consultations
We can help you if you or a loved one was injured by a bouncer or bar staff in Queens. Backed by many years of experience handling countless personal injury cases, we can help you fight aggressively to hold the liable parties accountable. At Sullivan & Galleshaw, LLP, we know how challenging recovering from a severe injury can be. That is why we work tirelessly to protect and uphold your interest. Call our law offices today for a free, confidential consultation. Our phone number is (718) 843-0300.
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