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Miami Personal Injury Lawyer > Miami Bouncer Assault Lawyer

Miami Bouncer Assault Lawyer

Bouncers get a bad rap, and for good reason. Many security guards (aka bouncers) are quick to escalate contentious situations or exert their authority over people who they believe to be causing trouble. You may be surprised to learn that bouncers do not have the legal right to use physical force to make someone leave the bar or pay their bill. If you were assaulted by a nightclub or bar bouncer, our Miami bouncer assault lawyer at Spencer Morgan Law can help you file a personal injury claim against the establishment for damages.

When Can a Bouncer Use Physical Force Against a Patron?

Bouncers do not have the right to use violence against a patron because they were called a vulgar name or the patron was refusing to leave the bar or nightclub. In fact, bouncers can only use physical force when it is in defense of themselves, others, or business property. If a patron refuses to leave the premises, a bouncer must call the police in order to remove you.

What Constitutes as Physical Assault?

If a bouncer simply lays a hand on your shoulder or lightly shoves you towards the door, they have likely not committed an assault. However, if they push you in a way that causes you to fall, grab your arm hard enough to cause bruising, or punch, kick, headbut, or otherwise hurt you in a combative way, they have committed a crime and the bar or nightclub can be held liable for in a civil lawsuit.

You Cannot be the Aggressor

Chances are, the bar will claim that you were the aggressor, and that the bouncer was simply protecting themselves or protecting another patron from you. If they are successful in this, your claim will go nowhere. Unfortunately, it can be very difficult to prove that you were not the aggressor in the situation, simply because:

  • A sober bouncer’s word has more weight than yours if you were drinking (particularly if multiple bouncers or bartenders back up what the bouncer claims to be true)
  • It is difficult to obtain contact information of potential witnesses in a bar or nightclub scene
  • Many bars do not have security cameras inside, potentially on purpose due to past bouncer assaults
  • Police called to the scene are accustomed to intoxicated patrons being the cause of bar disputes
  • The bouncer or bar owner may just claim that you were not touched in a heavy-handed way by the bouncer, and that you simply fell or lost your balance due to intoxication

Call a Miami Bouncer Assault Lawyer Today

Winning a bouncer assault claim against a bar or nightclub is often an uphill battle. However, this should not discourage you from reaching out to an attorney to review your case and the facts that stand with you. If successful, you may be entitled to compensation for your medical bills, pain and suffering, lost wages due to disability, and more. Call Spencer Morgan Law at 305-423-3800 for a free consultation with a Miami bouncer assault lawyer today.

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