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Miami Personal Injury Lawyer > Miami Club Assault Lawyer

Miami Club Assault Lawyer

Nightclubs have a duty to provide security and safety for patrons. This might mean using security cameras, security guards/bouncers, searching the bags of patrons for weapons, etc. Failure to do so can result in a negligent security claim if someone gets injured in an assault. If you are the victim of physical assault or sexual assault that took place in a bar, club, resort, restaurant, or hotel, you may be entitled to financial compensation from the business owner. This is entirely separate from the potential civil claim against the perpetrator and the criminal case involving that party. To learn more about your options, the Miami club assault lawyer at Spencer Morgan Law is here to answer your questions and guide your next steps if you choose to seek compensation for your medical expenses, pain and suffering, and other damages.

When is a Club Liable for an Assault?

When a patron becomes the victim of physical or sexual assault, a nightclub can be held accountable for negligent security if it can be proven that the club failed to take appropriate mitigation efforts. Examples include:

  • Security cameras were not functioning
  • Security did not check bags for weapons
  • Security did not take immediate and swift action to stop a crime from taking place, including a shooting, bar fight, or sexual assault
  • Staff members looked the other way when they should have taken action
  • A bouncer or bar tender knew about or helped perpetuate the drugging of a patron (commonly called a roofy or date rape drug)
  • Failure to provide outdoor nighttime lighting in parking lots
  • Bartenders over served alcohol or overpoured drinks
  • Understaffing security personnel
  • Improper training of staff or security guards/bouncers
  • Not reporting crimes that have taken place on the premises
  • Failure to cooperate with police regarding other recent assaults

Can Bouncers Use Physical Force, and What is Considered ‘Reasonable Restraint?’

Assault can also come in the form of security guard or bouncer assault against a patron who was not a threat to anyone. Bouncers are not legally allowed to use physical force against a patron unless that person is in the process of harming another person, harming the bouncer, or damaging club property. Furthermore, bouncers must call the police if a patron requires to be forcibly removed. Bouncers do, however, have the right to use self defense, as well as “reasonable restraint” to hold down or subdue a violent patron. In this case, “reasonable” might be holding a patron down to the ground, but would not be holding the patron down on the ground by kneeling on the back of their neck.

Call a Miami Club Assault Lawyer Today

Everyone should feel relatively safe when they go out to a club or bar. While there are inherent risks involved in nightclubs and anywhere where alcohol is served in large quantities, bar and nightclub owners have a duty to provide a certain level of security for their patrons, as well as their own staff members. If you were harmed in a nightclub assault, the Miami club assault lawyer at Spencer Morgan Law is here to help. Call 305-423-3800 for a free consultation today.

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