Excessive Force by Bouncer

[sharksamardzija8345]

How's it going everyone? Looking for a little advice here from some lawyers to see if I should even approach a lawyer to hire. Thanks for any input, all is welcome.

I was thrown out of a bar and landed on my head and was knocked unconscious for an unspecified amount of time. An ambulance was called, I was taken away and I was diagnosed with a severe concussion but no bleeding of the brain or any broken vertebrae or anything.

I was intoxicated. Not blacked out belligerent, I was never cut off from the bar, but I was drunk. I've been told I was picked up by a bouncer and just thrown on the ground. I have no recollection of it whatsoever, I suffered some temporary short term memory loss. I was told I did not resist, nor did I try to inflict any physical harm on the bouncer who had me beat by 6 inches and 100 lbs.

Do I have grounds for a civil lawsuit? Who can I go after? What I can go after? Medical bills (ambulance ride + major scans/xrays)? Pain and suffering (I'm afraid to go to sleep, so I'm staying awake, hence writing this at 4 a.m.)? Lost wages (I don't know if I'll be able to return to work on Monday)? Anything else?

If I do have grounds, will the effort be worth it? I feel I've been wronged, but with civil suits, do the ends justify the means?

Any input would help, I'd like to know if I have any grounds here, as I am no expert.

Thank you, everyone. Be well.

 

[BobD]

I'm far from a lawyer, but my guess is that the key to your case would be witnesses and hopefully any evidence such as surveillance/security cameras. I'm curious to see what our lawyer members here have to say. Get some rest and I hope ya feel better soon.

 

[Irish8248]

Why were you kicked out?

Comparative negligence in pa (assuming based on the location under your name) allows recovery even for a negligent plaintiff

On the face of things, yes you have a case

Whether or not you should pursue it depends on you're intoxication, why you were kicked out, how they threw you out (pushed our the door then you stumble and fall vs fresh prince of bel Aire style),

Can you show your intoxication occurred in the establishment, was blatant, and then they still served you at least one drink? If so that's a pretty decent claim

Recovery a portion of your medical bills more than likely that corresponds to a percentage of their guilt (if they're 70% guilty and youre 30% to blame, you'll receive 70% of your bills

Will an atty take this? Eh, not really thinking so. Court costs, motions, etc plus a reduced recovery based on own guilt means the payout isn't that high

That being said its a good settlement case with the insurance company of the establishment and the lawyer may see that as easy work

 

[Irish2155]

How's it going everyone? Looking for a little advice here from some lawyers to see if I should even approach a lawyer to hire. Thanks for any input, all is welcome.

I was thrown out of a bar and landed on my head and was knocked unconscious for an unspecified amount of time. An ambulance was called, I was taken away and I was diagnosed with a severe concussion but no bleeding of the brain or any broken vertebrae or anything.
I was intoxicated. Not blacked out belligerent, I was never cut off from the bar, but I was drunk. I've been told I was picked up by a bouncer and just thrown on the ground. I have no recollection of it whatsoever, I suffered some temporary short term memory loss. I was told I did not resist, nor did I try to inflict any physical harm on the bouncer who had me beat by 6 inches and 100 lbs.

Do I have grounds for a civil lawsuit? Who can I go after? What I can go after? Medical bills (ambulance ride + major scans/xrays)? Pain and suffering (I'm afraid to go to sleep, so I'm staying awake, hence writing this at 4 a.m.)? Lost wages (I don't know if I'll be able to return to work on Monday)? Anything else?

If I do have grounds, will the effort be worth it? I feel I've been wronged, but with civil suits, do the ends justify the means?

Any input would help, I'd like to know if I have any grounds here, as I am no expert.

Thank you, everyone. Be well.

Ruins your weekend everytime, hate when that happens.

 

[cody1smith]

Not sure your laws there but my cousins owns a large bar/night club outside of the town in live in. He and his bouncers have had lawsuits several times from things of this nature. Generally it has been from actually beating the shit out of the people though. Oh and his insurance has always been the one to pay. I know he has never paid anything out of pocket.

Most of the time the people call and say they have a lawyer and they are gonna press charges and nothing ever happens.

I would try and get to the bottom of why you were kicked out first. As I am almost for sure you were not thrown out for NO reason.

 

[sharksamardzija8345]

Yeah, there definitely had to be a reason. I'm not saying it was for no reason, but my memory is completely blank from the whole incident, so I have to try to find out.

Regardless though, if I was kicked out for any reason (besides physical, which, at my size, I'm 100% sure I wasn't fighting anyone) he doesn't have the right to use excessive force.

Thanks

 

[Irish2155]

Am no lawyer but am sure he/she would advise you to keep details off the world wide web.

 

[woolybug25]

Sack up, dude.

Sorry to hear about your injury and hope you are well. From our past conversations, you know I like you. So take this as advice from a friend.

I highly doubt the bouncer indiscriminately picked you at random from the crowd. There are always two sides of the story and I'm guessing he probably has one too.

It's sad that it is a normal reaction nowadays for when you get your ass kicked for doing something stupid, is suing. You're a grown man that did something stupid at a bar and got pummeled by a bouncer for it. Happens all of the time. Wipe the dirt off of your knees an learn a lesson from it. Life isn't fair and the world doesn't owe anybody anything. Life isn't always going to get squared up. In fact, it rarely does.

You have a good story, don't be the dude that cries lawyer when something doesn't go your way.

 

[Irish2155]

Sack up, dude.

Sorry to hear about your injury and hope you are well. From our past conversations, you know I like you. So take this as advice from a friend.

I highly doubt the bouncer indiscriminately picked you at random from the crowd. There are always two sides of the story and I'm guessing he probably has one too.

It's sad that it is a normal reaction nowadays for when you get your ass kicked for doing something stupid, is suing. You're a grown man that did something stupid at a bar and got pummeled by a bouncer for it. Happens all of the time. Wipe the dirt off of your knees an learn a lesson from it. Life isn't fair and the world doesn't owe anybody anything. Life isn't always going to get squared up. In fact, it rarely does.

You have a good story, don't be the dude that cries lawyer when something doesn't go your way.

Yup, pretty much. Bad night doesen't equal a lawsuit.

Plus I'm sure there is more to this story...

 

[MNIrishman]

Yup, pretty much. Bad night doesen't equal a lawsuit.

Plus I'm sure there is more to this story...

I'm generally against frivolous lawsuits as well, but surely you agree a bouncer has an obligation avoid injuring patrons unless it's absolutely necessary? How many situations would justify something like this without involving the police that night? If the bouncer was responding to anything shy of a threat of bodily harm, hurting the OP here would appear to be excessive to me.

 

[Irish2155]

I'm generally against frivolous lawsuits as well, but surely you agree a bouncer has an obligation avoid injuring patrons unless it's absolutely necessary? How many situations would justify something like this without involving the police that night? If the bouncer was responding to anything shy of a threat of bodily harm, hurting the OP here would appear to be excessive to me.

"Surely" you think too much. Stop it, for your good. Just stop.

You suck, has nothing to do with what happened, you kind of just suck.

 

[Woneone]

Sack up, dude.

Sorry to hear about your injury and hope you are well. From our past conversations, you know I like you. So take this as advice from a friend.

I highly doubt the bouncer indiscriminately picked you at random from the crowd. There are always two sides of the story and I'm guessing he probably has one too.

It's sad that it is a normal reaction nowadays for when you get your ass kicked for doing something stupid, is suing. You're a grown man that did something stupid at a bar and got pummeled by a bouncer for it. Happens all of the time. Wipe the dirt off of your knees an learn a lesson from it. Life isn't fair and the world doesn't owe anybody anything. Life isn't always going to get squared up. In fact, it rarely does.

You have a good story, don't be the dude that cries lawyer when something doesn't go your way.

Sorry, but this is just crap.

I've witnessed, first hand, bouncers use excessive force for no reason. In one particular case, a friend of mine, who was bigger than the bouncer, was denied access for that very reason (it's common practice for bouncers to deny access to "large" individuals so they don't have to deal with them later).

When my friend questioned him as to why he wasn't allowed in, and in a very calm manner mind you, he was tazed. EDIT: I might add my friend was a bouncer himself for a while at many of the same establishments (apparently bars close in proximity may share the same bouncers).

The key is a witness in this situation. It would be your word against his, even if you remembered the events, with the bouncer not having consumed any alcohol and being an employee of the establishment.

I get the frivolous lawsuit stuff, but there is a huge difference between deserving to be thrown from a bar and being assaulted.

 

[woolybug25]

I'm generally against frivolous lawsuits as well, but surely you agree a bouncer has an obligation avoid injuring patrons unless it's absolutely necessary? How many situations would justify something like this without involving the police that night? If the bouncer was responding to anything shy of a threat of bodily harm, hurting the OP here would appear to be excessive to me.

I don't think a bouncer has an obligation to avoid injuring someone that he is forcibly removing from an establishment for their behavior. His obligation is to protect the patrons not acting out of line from the person's whose action requires physical removal.

It's laughable to me to think that people believe that a bouncer has a responsibility of avoiding any injury of a person that has caused them to use force to make them leave. Sheesh.

 

[woolybug25]

Sorry, but this is just crap.

I've witnessed, first hand, bouncers use excessive force for no reason. In one particular case, a friend of mine, who was bigger than the bouncer, was denied access for that very reason (it's common practice for bouncers to deny access to "large" individuals so they don't have to deal with them later).

When my friend questioned him as to why he wasn't allowed in, and in a very calm manner mind you, he was tazed. EDIT: I might add my friend was a bouncer himself for a while at many of the same establishments (apparently bars close in proximity may share the same bouncers).

The key is a witness in this situation. It would be your word against his, even if you remembered the events, with the bouncer not having consumed any alcohol and being an employee of the establishment.

I get the frivolous lawsuit stuff, but there is a huge difference between deserving to be thrown from a bar and being assaulted.

Haha... You act like bars have a responsibility of making sure people are treated fairly. They are a business, not a soup kitchen. When you go to a bar, you play by their rules, not vice versa.

 

[Woneone]

Haha... You act like bars have a responsibility of making sure people are treated fairly. They are a business, not a soup kitchen. When you go to a bar, you play by their rules, not vice versa.

Nightclub / Bouncer Liability | LegalMatch Law Library

You might be surprised that, as far as the law is concerned, a bouncer can only ASK you to leave, and if you refuse, to then call the police and have you removed. This is not to say that if he puts his hand on your back, "guiding" you to the door, he has committed a crime, but a bouncer has no more right to physically assault you than anyone else does.

 

[D-BOE34]

I don't think a bouncer has an obligation to avoid injuring someone that he is forcibly removing from an establishment for their behavior. His obligation is to protect the patrons not acting out of line from the person's whose action requires physical removal.

It's laughable to me to think that people believe that a bouncer has a responsibility of avoiding any injury of a person that has caused them to use force to make them leave. Sheesh.

Have you been a bouncer before? Friends been bouncers before? Do you or someone you know, employ bouncers?

You absolutely have to protect the person you are tossing unless they are trying to harm you. Yes, I am sure some clubs/bars don't care what you do but that could end up getting you in deep shit down the road.

 

[nsisk157]

Move on, nothing to see here.

 

[woolybug25]

Have you been a bouncer before? Friends been bouncers before? Do you or someone you know, employ bouncers?

You absolutely have to protect the person you are tossing unless they are trying to harm you. Yes, I am sure some clubs/bars don't care what you do but that could end up getting you in deep shit down the road.

I have several friends that are/have been bouncers. The reality is that in most cases, the person they are throwing out, is endangering others. They constantly have drunk assholes trying to fight them, antagonize them or disrespecting them. They are the law within a bar an have the role of keeping the patrons safe. I have been to A LOT of bars... And have never once see a person get physically thrown from a bar without good cause.

The OP doesn't even remember why he was thrown out, but wants to sue the person that did so because the incident got him hurt? A situation he doesn't even remember?

Some of you guys have no concept of personal responsibility.

 

[woolybug25]

Nightclub / Bouncer Liability | LegalMatch Law Library

That might be the law, but it's not the reality of what happens in bars.

There are a lot of ways for people to deflect blame for their actions and make money from it.

 

[Irish2155]

No body just gets booted from a bar without reason.

I'm going to leave it at that.

I am no cop or nothing...just someone who has been to a bar.

 

[MNIrishman]

"Surely" you think too much. Stop it, for your good. Just stop.

You suck, has nothing to do with what happened, you kind of just suck.

Whoa what made this ad hominem? I thought we were having a discussion on the topic.

 

[MNIrishman]

I have several friends that are/have been bouncers. The reality is that in most cases, the person they are throwing out, is endangering others. They constantly have drunk assholes trying to fight them, antagonize them or disrespecting them. They are the law within a bar an have the role of keeping the patrons safe. I have been to A LOT of bars... And have never once see a person get physically thrown from a bar without good cause.

The OP doesn't even remember why he was thrown out, but wants to sue the person that did so because the incident got him hurt? A situation he doesn't even remember?

Some of you guys have no concept of personal responsibility.

I would like to point out the possibility that the memory issue may have been caused by the head injury the bouncer inflicted, not the level of the OP's inebriation.

 

[Irish2155]

I would like to point out the possibility that the memory issue may have been caused by the head injury the bouncer inflicted, not the level of the OP's inebriation.

I laugh. What person you know has head injuries from a bar bouncer without reason?

 

[woolybug25]

I would like to point out the possibility that the memory issue may have been caused by the head injury the bouncer inflicted, not the level of the OP's inebriation.

It may or may not be. We can't know one way or the other. That being said, the OP's inebriation is undoubtably the reason that the altercation took place to begin with.

I can walk up to a security guard at a football game and call him a "fat idiot", but wouldn't it seem silly for me to be mad when he puts me on my ass? Sure… it might be something I could sue him for if I got hurt, but I would need to look in the mirror after, knowing that I am the type of person that sues someone for not putting up with my shit.

Again… personal responsibility.

 

[MNIrishman]

I laugh. What person you know has head injuries from a bar bouncer without reason?

I'm not saying there wasn't a reason. I'm saying that unless that reason involved violence or a threat of violence on the part of the original poster, there was insufficient justification for the infliction of bodily harm. Isn't that what the law says? Absent any more information on the original transgression that prompted the ejection, I'm not sure I can hold an opinion different from that.

 

[MNIrishman]

It may or may not be. We can't know one way or the other. That being said, the OP's inebriation is undoubtably the reason that the altercation took place to begin with.

I can walk up to a security guard at a football game and call him a "fat idiot", but wouldn't it seem silly for me to be mad when he puts me on my ass? Sure… it might be something I could sue him for if I got hurt, but I would need to look in the mirror after, knowing that I am the type of person that sues someone for not putting up with my shit.

Again… personal responsibility.

What about personal responsibility on the part of the bouncer? We really don't have very much information here, so if we're going to 'assign' liability, it's important to consider all possibilities. Isn't it possible the bouncer was having a bad day? Had a grudge against someone who looked like the OP? Was perhaps a little drunk himself, or maybe on drugs? Where would personal responsibility lie then? Wooly, I don't disagree with you in principle. I think you're spot on that personal responsibility has to play a larger role in modern society, and that all too often we blame others and involve lawyers for our mistakes. In this case, though, I'm playing devil's advocate because I see shades of gray.

 

[woolybug25]

What about personal responsibility on the part of the bouncer? We really don't have very much information here, so if we're going to 'assign' liability, it's important to consider all possibilities. Isn't it possible the bouncer was having a bad day? Had a grudge against someone who looked like the OP? Was perhaps a little drunk himself, or maybe on drugs? Where would personal responsibility lie then? Wooly, I don't disagree with you in principle. I think you're spot on that personal responsibility has to play a larger role in modern society, and that all too often we blame others and involve lawyers for our mistakes. In this case, though, I'm playing devil's advocate because I see shades of gray.

I always appreciate a "devil's advocate" perspective. That being said, see OP's response below:

Yeah, there definitely had to be a reason. I'm not saying it was for no reason, but my memory is completely blank from the whole incident, so I have to try to find out.

Regardless though, if I was kicked out for any reason (besides physical, which, at my size, I'm 100% sure I wasn't fighting anyone) he doesn't have the right to use excessive force.

I'm sure a scenario could pop up where a bouncer is to blame. But this, because of the info we have, sure seems like the bouncer simply used force to remove the OP. The OP has a problem with that because, regardless of whether he was at fault and needed to be removed, he feels the bouncer had no right to use force. Hence, he wants to sue him and/or the bar for it.

Seems like a pretty simple thing to me. I am sure he may or may not have a legal right to press charges. That being said, I think the OP should look at himself in the mirror prior to taking action. There are a variety of other choices he could make that would be for less self deprecating.

 

[Irish2155]

I'm not saying there wasn't a reason. I'm saying that unless that reason involved violence or a threat of violence on the part of the original poster, there was insufficient justification for the infliction of bodily harm. Isn't that what the law says? Absent any more information on the original transgression that prompted the ejection, I'm not sure I can hold an opinion different from that.

You're making yourself look bad.

Blah, blah, blah...black and white...you was kicked from a bar and got your ass whooped. And then made your own thread about it.

You get attention...and your ass whooped. WINNER

 

[MNIrishman]

You're making yourself look bad.

Blah, blah, blah...black and white...you was kicked from a bar and got your ass whooped. And then made your own thread about it.

You get attention...and your ass whooped. WINNER

I wasn't kicked from a bar. I made no such thread.

 

[MNIrishman]

I always appreciate a "devil's advocate" perspective. That being said, see OP's response below:



I'm sure a scenario could pop up where a bouncer is to blame. But this, because of the info we have, sure seems like the bouncer simply used force to remove the OP. The OP has a problem with that because, regardless of whether he was at fault and needed to be removed, he feels the bouncer had no right to use force. Hence, he wants to sue him and/or the bar for it.

Seems like a pretty simple thing to me. I am sure he may or may not have a legal right to press charges. That being said, I think the OP should look at himself in the mirror prior to taking action. There are a variety of other choices he could make that would be for less self deprecating.

You're probably right. I'd appreciate a follow-up from the OP to hear how this turns out.