NJ Lawyers for Security Guard and Bouncer Assaults
Security guards and bouncers are employed to maintain safety and order in various settings, from nightclubs and shopping centers to hospitals and music venues. Their job often requires them to use force in situations involving unruly guests, drunken patrons, or potential criminal activity. However, there are times when the use of force goes beyond what is necessary or lawful.
Security personnel are not exempt from the law. Whether working in a nightclub, mall, or other venues, they must perform their duties without negligence. While most courts recognize that security personnel are entitled to use a certain level of force, that force must always be reasonable and appropriate for the circumstances.
What is Assault?
Under New Jersey Statutes Title 2C, a person can be found guilty of simple assault if they purposefully, knowingly, or recklessly cause bodily injury to another person, attempt to do so, or negligently cause injury using a deadly weapon. A person may also be charged if they use physical menace to put someone in fear of imminent serious bodily injury.
In more serious cases, simple assault may be upgraded to aggravated assault. This includes situations where a person:
– Purposely or knowingly causes serious bodily injury to another, or attempts to do so.
– Acts with extreme indifference to human life while recklessly causing injury.
– Purposely or knowingly causes bodily injury with a deadly weapon, or attempts to do so.
– Points a firearm at someone with extreme indifference to human life, regardless of whether the firearm is loaded.
The severity of assault charges often depends on the extent of the victim’s injuries and whether a weapon was used.
Assault becomes Battery when physical contact occurs.
A raised fist may be considered assault, but it is battery when the person is struck.
Suing for Assault by Private Security
When assaulted by a security guard or bouncer, individuals often choose to pursue legal action against the establishment itself, such as a bar or nightclub. This falls under premises liability, which holds property owners accountable for maintaining a safe environment for their guests and preventing foreseeable harm. Since security guards and bouncers are employees of the property owner, the establishment may be held liable for their actions if a patron is injured due to the employee’s negligence.
Security personnel may also be held accountable for negligent security. This applies when security fails to intervene and prevent incidents, such as a fight between patrons.
If you believe you or a loved one has been injured due to negligent security, it’s crucial to contact an experienced personal injury attorney promptly.
When is a Security Guard or Bouncer Liable for Assault?
In cases of negligence, the intent of the security guard or bouncer is irrelevant. If an injury occurs due to carelessness or recklessness, the security officer may be held liable, regardless of whether harm was intended.
Typically, security guards and bouncers are employed by businesses to provide safety and security. In such cases, employers may be vicariously liable for the actions of their employees if those actions are deemed negligent. This liability often applies when security personnel are working within the scope of their employment. However, if the actions are deemed excessively unreasonable or egregious, employers might be able to avoid liability by arguing that the employee was acting outside the boundaries of their role.
Casinos, bars, and clubs must take steps to provide adequate security and minimize the risk of harm.
Proving Liability in Security Guard Assault Cases
To establish liability in a personal injury case, the plaintiff must demonstrate certain factors depending on whether the lawsuit targets the employee or the employer. In some cases, individual employees may lack the means to fully compensate the injured party, and the specific circumstances will determine the best course of legal action.
To hold an employer responsible for negligent security or negligent hiring, the plaintiff must prove:
- Breach of Duty: The employer or property owner failed to take reasonable care to protect their guests, resulting in a breach of duty.
- Causation: The injury occurred as a direct result of the security personnel’s actions.
- Damages: The plaintiff must demonstrate that they suffered harm, such as physical injury, emotional distress, or financial loss.
If an establishment is found liable, the injured party may be entitled to damages for medical expenses, lost wages, pain and suffering, and mental anguish.
What to Do If You Are Assaulted by a Security Guard or Bouncer
Assault and battery cases involving security personnel can be complex and contentious. However, security guards and bouncers are expected to perform their duties in a reasonable and non-negligent manner.
If you have been injured by security staff, contact Pagliara Law Group, P.A. at (201) 470-4181 or reach out to us online. Your initial consultation is free and confidential, and we are here to help you recover from a violent encounter that was unnecessary and unjust.
201-470-4181