When nightclub and bar security assaults occur, liability often falls on the establishment, the security guard, or both. Injured patrons may seek compensation for medical expenses, lost wages, and emotional distress, but need strong evidence to prove liability, including surveillance footage, witness statements, and medical records.
A personal injury lawyer can help you take the next steps after being assaulted by security in Las Vegas. Call George Bochanis Injury Law Offices at (702) 388-2005.
Liability in Nightclub & Bar Security Assaults
Liability after you are injured in a nightclub or bar depends on the circumstances.
Negligent Hiring, Training, or Supervision
Nightclubs and bars can be liable when they do not properly screen, train, or supervise their security staff. If a guard has a known history of aggression or has not been adequately trained to de-escalate tense situations, the employer may bear responsibility for your injuries.
Excessive Force and Intentional Assault
Security guards should use only reasonable force to maintain order or remove a patron. Excessive force, such as hitting, choking, or tackling the person unnecessarily, can lead to civil liability and criminal charges.
Failure to Maintain a Safe Environment
Bars and nightclubs should plan for certain types of events, such as fights among guests. Otherwise, they can be held liable for resulting injuries.
In Nevada, 17% of adults have binge-drunk in the past 30 days. A nightclub that neglects to hire sufficient security staff or that allows an intoxicated bouncer to continue working could be negligent if a patron is later assaulted.
Vicarious Liability (Employer Responsibility)
Under Nevada law, employers can be held vicariously liable for wrongful acts their employees commit while acting within the scope of their employment. If a guard used excessive force when removing someone, the nightclub or bar may share liability.
What Damages Can You Claim in a Security Assault Claim?
Security assaults may leave patrons with broken bones, long-term emotional trauma, and other injuries. Injured people can seek economic and noneconomic damages.
- Medical expenses: Medical damages include hospital bills, emergency treatment, surgeries, physical therapy, and any future medical care required due to the assault.
- Lost wages and loss of earning capacity: Many injuries cause people to miss work and overall limit their ability to earn income. Compensation for lost wages or diminished earning potential can be especially important if people work in physically demanding jobs or are unable to return to their previous positions.
- Pain and suffering: Being assaulted by security can leave deep psychological scars, including anxiety, depression, and post-traumatic stress disorder. Courts recognize these as valid noneconomic losses.
- Punitive damages: In cases of intentional or egregious misconduct, such as when a guard used excessive force without justification, a court may award punitive damages. These damages are meant to punish the wrongdoer and deter similar behavior in the future.
Victims can claim compensation for various costs, including those related to therapy, property damage, and loss of enjoyment of life.
To maximize your compensation, keep thorough documentation: medical records, receipts, witness statements, and photographs of injuries.
Who Can You Sue for Security Assault in Nevada?
Several parties may share liability for nightclub and bar security assaults. Situations that involve multiple parties could be when to hire a personal injury lawyer if you have not yet talked with one.
The Security Guard
The most direct party to sue is the person who assaulted you. However, security personnel often lack the financial means to cover damages. Fortunately, claims usually extend to the employer.
The Nightclub or Bar (Employer)
The establishment is frequently liable for the actions of its employees. If the assault occurred during the guard’s work duties, such as removing a guest or enforcing rules, the venue can be responsible. Nightclub and bar liability often arises from poor management decisions, negligent hiring, or failure to train and monitor security personnel.
The Security Company
Some places contract third-party security firms rather than employing guards directly. In those cases, the contracted company may share or bear full responsibility, especially if it failed to perform background checks, ignored complaints, or did not train employees properly.
The Property Owner or Event Promoter
If you are injured by security during a special event, such as a concert or hosted party, liability may extend to the event promoter or property owner. These parties should make sure that there are adequate safety measures and properly trained staff.
Multiple Defendants in Shared Fault Cases
Nevada follows a modified comparative negligence system, meaning multiple parties can share liability. Even if it seems that your behavior contributed to the incident, you may still recover damages as long as you are not more than 50% at fault. For example, if you are found 20% responsible for a nightclub assault due to provocation or other contributing actions, your total award would decrease by 20%.
When multiple defendants share fault, the court determines each party’s percentage of liability. Nevada primarily uses several liability, meaning each defendant is responsible for his or her share of the damages, rather than the entire judgment.
For help after nightclub and bar security assaults in Las Vegas, contact us at George Bochanis Injury Law Offices.
FAQs About Nightclub & Bar Security Assaults in Las Vegas
How do I prove I was assaulted by security?
To prove you were assaulted, use evidence such as surveillance footage, eyewitness statements, medical records, and photos of your injuries. An attorney can subpoena nightclub security videos and get employment records to establish fault.
Who can I sue if I was assaulted by security?
After an assault, you may be able to sue an individual guard, the nightclub or bar, and any third-party security company responsible for hiring or supervising that guard. Event organizers or property owners may share liability, as well.
Is there a time limit to file an assault claim?
Nevada generally gives you two years from the date of the assault to file a personal injury lawsuit.
