Most nightclubs and larger bars hire private security, or bouncers, to keep patrons safe and eject anyone that may cause problems. Unfortunately, some of these individuals can be overzealous in carrying out their duties, using too much force, or acting in a manner that creates a danger to other customers. When a night club or bar employee assaults someone, they can be held liable for any injuries or damages they cause.
Club and bar assault can result in serious injuries
There is a tacit understanding that nightclub bouncers may be required to use physical force to restrain or remove a patron from the premises. However, these individuals are not above the law, and cannot use any unnecessary or excessive force when carrying out any necessary actions.
If a security guard or bouncer pushes or hits someone with excessive force, it can cause serious and permanent injuries, including scarring from cuts and abrasions, broken bones, or brain damage.
Who is liable for club and bar assault by staff?
Under Ontario’s Occupiers’ Liability Act, an establishment’s owners, operators and staff are required to take reasonable steps to ensure their customers are safe. In some situations, this includes removing any bar or club patrons that may be a danger to themselves or other individuals. However, at all times they must take care not to create any unnecessary hazards, or behave negligently in carrying out their duties.
Any use of force that causes serious injuries may be considered excessive in the circumstances. Victims of these assaults may be able to obtain compensation for their damages through a civil claim against the bar, its owner, and the individual(s) responsible for the assault.
Personal injury specialists representing victims of club and bar assault
On February 7, 2018, Jasmine Daya, will be co-presenting an Ontario Trial Lawyers Association webinar that explores developing areas of civil liability in Ontario, including club and bar assault.
At Fireman Daya & Co., we offer legal advice and representation to individuals that have been seriously injured in an incident involving a security guard or bouncer. We have over four decades of experience fighting on behalf of injured victims, and helping them get the compensation they deserve. Schedule a free consultation with one of our lawyers by contacting us online, or call 416-967-9100.
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