I was recently beaten by bouncers at a night club. Do I have a claim?
Author: Attorney Jason Macri
Night clubs and gentlemen’s clubs can be dangerous places. Many of the bouncers that are hired to work security at these clubs are highly aggressive and sometimes attack and severely injure the club’s patrons. Even though these bouncers are technically hired to ensure the safety of the club’s patrons, many times these bouncers are the exact reason why the club is unsafe.
Under Florida Law, any establishment, such as a night club or gentlemen’s club has a duty to ensure that the people they are hiring are not going to present an unnecessary danger to the customer. When they hire a security guard or a bouncer, the establishment has a duty to ensure that the person they are hiring is not dangerous. The establishment can conduct a background check to ensure that the person does not have a history of injuring others. There are many websites and databases available to the general public which would allow a prospective employer to discover a prospective employee’s criminal history. If the employer fails to conduct such a check prior to hiring an individual, the employer may potentially be responsible for any harm caused by the employee under the theory of law commonly referred to as “negligent hiring”.
Even if a night club or gentlemen’s club does conduct a background check prior to hiring a prospective employee, the club may still be liable for the actions of the employee if it learns of the employee’s propensity to harm others but does not discharge the employee as a result. In this hypothetical, let’s say that a club witnesses its employees acting aggressively toward customers or gets complaints from the customers about a particular employee. If the club does nothing to either discharge or reprimand the employee and monitor the employee to ensure a change in that aggressive behavior, the club may be liable to a customer that then becomes injured by the employee. This type of claim is commonly referred to as “negligent retention”.
Ultimately, a business is typically liable for the negligent acts of its employees. The business can be further liable if it turns a blind eye to harmful behavior. If you have been injured by a night club or gentlemen’s club employee, call the injury attorneys at Dell & Schaefer. We will investigate your claim to determine whether the club can be liable and preserve your right to compensation for your injuries.