QUESTION

Can I sue a club if a bouncer injured me?

Asked on Jan 23rd, 2019 on Personal Injury - California
More details to this question:
I was stupid and tried to steal a bottle of Makers from behind the bar. They caught me and walked me out. Outside the club on the sidewalk, a bouncer was holding my arms behind my back and wouldn’t let go when I repeatedly told him to. He then pushed me to the ground while still holding my arms, cause my arm to bend weirdly and my shoulder dislocated. I fell to the ground screaming. I hadn’t been physical or anything like that and other people there said the bouncer was way too aggressive. I have to get surgery to repair my shoulder now. Could I sue the club or bouncer? Should I file a police report for assault?
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2 ANSWERS

Personal Injury Attorney serving Orlando, FL
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If you have witnesses that can testify the bouncer used excessive force on you, then you have a case. Call to discuss. 
Answered on Jan 30th, 2019 at 11:28 AM

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Personal Injury Attorney serving Santa Rosa, CA at Young Law Office
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I've had a lot of experience suing bars and clubs for injuries that occur due to negligent security.  You could sue both the bouncer and the club.  From what you described, the bouncer would be liable for a battery for using more force than was reasonably necessary under the circumstances.  The club could also be liable for the bouncer's actions (assuming he was an employee) under the doctrine of respondeat superior, which holds an employer liable for torts committed by their employees.  Because the bouncer was engaged in an activity for the benefit of the club when he injured you, the club could be liable even though what the bouncer did was intentional.  The fact that you had attempted to steal a bottle of alcohol from the bar does automatically not ruin your case, but it could make you less than sympathetic if the case went to a jury.  Re: the other people who said the bouncer was too aggressive...did you get any names/contact information?  Do you know who these people are?  Witnesses are always helpful.  You may want to file a police report for assault and battery to document the incident.  However, this might prompt the bar to file a report for attempted petty theft.
Answered on Jan 29th, 2019 at 12:18 PM

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