Patrons at a Fort Lauderdale bar, Dirty Blondes, recorded a video of a brawl that took place between bouncers and customers. The next morning, the video was seen on Instagram, Facebook and other news and social media websites. The viral footage of the incident attracted an audience worldwide, including the local Fort Lauderdale police. As punches were thrown, and men were assaulting each other, police arrived at the scene. Charges are pending due to the fact that, the case remains open. Subsequently, the crime victims involved have not yet decided whether or not they will press charges against the bar’s bouncers.
On Facebook, the bar posted a public apology for the behavior of their bouncers. Controversial Facebook Pages, like “Boycott Dirty Blondes” have popped up, as well. Miami personal injury attorneys at Gerson & Schwartz PA represent crime victims that have been seriously injured by bouncers and patrons at similar bars and night club establishments.
Most recently, the firm obtained a jury verdict of $950,000 on behalf of a patron that was severely injured at Club Nikki on South Beach. Premises operators at these establishments have a non delegable duty to maintain their premises reasonably safe. This legal duty includes providing adequate security. That does not mean bouncers can assault someone even in the event of an altercation. Many bars and night clubs employ in house security personnel. Under Florida law, private security guards must have a proper license issued by the state of Florida. But there are no such legal requirements for in house security guards. The result is that bouncers may have a lack of formal training and then cross the line by using unreasonable and excessive force. The excuse is usually that such force was necessary to get the job done.
As in many night bar fight and night club security cases it appears that bouncers may have crossed the line. According to various media outlets and video footage a member of the security staff can be seen grabbing a patron throwing him to the ground and assaulting him causing unnecessary injuries. Based on these facts, the establishment may be vicariously liable based on the bouncers excessive use of force. Unreasonable use of force is commonly abused by bouncers in night club cases and bar and establishments.
Patrons involved in altercations at a club or bar should not be assaulted by bouncers, or any security personnel, no matter the circumstances. Many bouncers are physically superior to most patrons. Bouncers and security guards are there to protect customers from other customers who are frequenting the bar or club, not to injure them. Bouncers who cross the line and assault customers or employees, should realize that law enforcement and lawyers will stand by individuals to protect their rights.
If you or someone you know has been assaulted inside a bar or night club by either a customer or a bouncer, contact the Miami personal injury attorneys at Gerson & Schwartz, PA today. All case consultations are free of charge. For more information call us (305)371-6000 or email a lawyer directly at info@gslawusa.com.