Factors That Determine Liability And Damages In A Bouncer Injury Claim
If you have been assaulted and injured by a bouncer at a nightclub, you have the right to pursue a personal injury claim against the liable parties, which may include both the bouncer and the establishment they work for. In such a case, the following issues will determine liability and the damages you can be compensated.
Why the Bouncer Attacked You
A nightclub bouncer doesn't have the right to attack revelers, so the court will want to know whether the attack occurred in the first place. Maybe the bouncer wanted to defend another reveler, the bouncer was convinced that you attacked them first, or the bouncer just had a personal difference with you. It is not that these reasons give the bouncer an excuse to attack you and get away with it, but they may mitigate or aggravate the bouncer's negligence. For example, you are likely to get more damages if the bouncer attacked you due to personal differences than if they were defending an innocent person.
The Level of Your Intoxication
Alcohol impairs both judgment and memory; this is why people seem to make stupid decisions when intoxicated and may forget those decisions once they sober up. Therefore, the judge presiding over your case will want to know whether you were drinking and how much alcohol you had consumed. For example, if you were very drunk, it may be argued that you triggered a fight because of your drunken actions.
Whether You Provoked the Bouncer
Provoking a nightclub bouncer does not automatically give them carte blanche to attack you, but it makes you at least partially responsible for your actions. In such a case, the applicable injury laws will determine whether your contribution to the injury should get your case dismissed or they should be used to reduce your damages proportionally. Depending on the circumstances of the alleged assault, the bouncer may even argue that they were defending themselves, which may even prevent you from collecting an award.
The Extent of Your Injuries
Lastly, the extent of your injuries will also determine how much you can collect or whether you can collect anything at all. For example, you might not collect much if the bouncer merely threw you out of the establishment because you were rowdy or disorderly. However, you may win a relatively sizable award if the bouncer threw you against the wall and broke your arm.
As usual with these personal injury claims, it is not what you know but what you can prove that matters. Consult a personal injury attorney to help you prove your bouncer injury claim.