Imagine enjoying a night out with friends at your favorite local bar, having a good time, and suddenly, without warning, a bouncer comes up to you and asks you to leave. Maybe you’ve had a few drinks, or perhaps you’re just minding your own business when, for no apparent reason, you’re being escorted out of the bar. It feels like an unfair, humiliating experience. You’re left wondering, “Can I sue a bar for kicking me out?”
The short answer is: it depends. In some cases, you might have grounds to sue the bar, especially if the way you were kicked out involved illegal actions such as assault, negligence, or discrimination.
In this article, we will break down the situations when you may be able to sue a bar, the steps you should take if you find yourself being kicked out, and how the legal process works. Let’s dive in.
Understanding the Legal Landscape
Before we get into the details, it’s important to understand that bars have the right to refuse service and remove patrons. However, this right isn’t unlimited. Bars, like any other public places, must adhere to the law when it comes to how they treat their customers.
If you were removed from the bar for unlawful reasons—such as physical abuse, negligent behavior, or discrimination—you may have a legal case against the bar.
Assault by Bouncers
If the bouncers used excessive force to throw you out of the bar, this could be grounds for a lawsuit. For example, if a bouncer physically shoved or injured you, this could be considered assault. Assault is when someone causes harm to another person without their consent. If you suffered injuries due to the bouncer’s actions, you could sue for the damage.
Example:
Let’s say you were simply standing in line at the bar when a bouncer came up, grabbed you roughly by the arm, and pushed you out the door. If you ended up with a bruised arm, or worse, a sprained wrist, you might have suffered physical harm because of their actions. In this case, you could file a personal injury claim against the bar for assault.
Negligent Security
Bars have a responsibility to provide a safe environment for their patrons. This includes ensuring that security measures are adequate. If a bar fails to provide sufficient security, and as a result, you are injured or assaulted by someone else, the bar could be held liable for negligent security. For example, if a fight breaks out and the bar staff fails to intervene in a timely manner, or if the security staff isn’t trained to handle violent situations, they could be responsible for the injury caused.
Example:
You’re enjoying the evening, and suddenly a fight breaks out near the dance floor. Instead of stepping in to separate the people involved, the bar staff does nothing. As the fight escalates, you’re caught in the middle and injured. If the bar failed to provide enough security to prevent the incident, you might have a case for negligent security.
Discrimination
If you were kicked out of the bar because of your race, gender, religion, sexual orientation, or any other characteristic that is protected under anti-discrimination laws, you might have a valid discrimination claim. Both federal and state laws protect you from discrimination in public places like bars.
Example:
Imagine a scenario where a bar bouncer kicks you out because you are from a particular racial background or a specific religion. Even though the reason might not be clear immediately, such treatment based on your personal characteristics is illegal. If a bar is found to have discriminated against you, you could file a claim against them for violating anti-discrimination laws.
When Can Bars Legally Kick You Out?
Although a bar has the right to refuse service to any customer, they cannot do so for unlawful reasons. Here are some reasons that a bar can legally ask you to leave:
- Disruptive behavior: If you’re being too loud, aggressive, or causing a disturbance, the bar has the right to ask you to leave.
- Over-intoxication: If you’ve had too much to drink and the staff believes you are a danger to yourself or others, they can legally remove you from the premises.
- Breaking house rules: If you’re violating the bar’s rules, such as smoking in a non-smoking area or fighting, you can be asked to leave.
These are just a few examples, and bars are within their rights to remove patrons for these reasons. However, if the bar’s actions go beyond what is legally justified, you might be able to file a lawsuit.
What Should You Do if You’re Kicked Out of a Bar?
If you’ve been kicked out of a bar and believe the ejection was unfair or illegal, there are steps you can take to protect your legal rights:
Stay Calm
It’s important to remain calm and not escalate the situation. Even though being kicked out of a bar can feel humiliating, reacting with anger or aggression may make things worse and hurt your case. Try to de-escalate the situation by being polite, even if you’re frustrated.
Document the Incident
Once you’re outside the bar, take a moment to write down everything you can remember about the incident. This includes the time, what led to your ejection, the names of the bouncers or bar staff involved, and what was said during the exchange. If you were injured, make a note of any injuries you sustained.
Collect Contact Information
If there were any witnesses to the incident, ask for their contact information. Witnesses who can support your version of the story may be crucial in proving your case, especially if you plan to take legal action.
Seek Medical Attention
If you sustained injuries during the incident, it’s essential to seek medical attention immediately. This could include something as minor as a bruise or as serious as a broken bone. Getting medical help ensures that your injuries are documented, which could be helpful if you decide to pursue a personal injury claim.
Contact a Licensed Attorney
Reach out to a personal injury attorney, especially one who has experience with premises liability or civil rights cases. An attorney will help you assess your legal options and determine whether you have a case against the bar. They will guide you through the legal process and provide the best course of action for your situation.
How Can You Sue a Bar for Assault or Negligence?
If you’ve been assaulted by a bouncer or injured due to negligent security, here are the steps you can follow to file a lawsuit:
Document the Incident
Write down everything you remember about the assault or injury. Include details like the time, date, and what happened before and after the incident. If possible, take photos of any injuries or damage caused during the event.
Preserve Evidence
Keep any clothing or personal items that were damaged during the incident. If there were any communications (texts, emails, etc.) with the bar or its staff, save them. Additionally, inform your attorney about the possibility of surveillance footage from the bar, as this could be crucial evidence.
File a Police Report
If you were assaulted, it’s important to file a police report. The police can help document the incident, and having an official report can support your claim in court.
Identify Responsible Parties
You’ll need to identify the individuals or parties responsible for your injury. This could include the bar owner, the bouncer who assaulted you, or even the bar’s security company if they failed to act appropriately.
Consult with an Attorney
Consult with a personal injury lawyer who has experience with premises liability or assault cases. They will evaluate your claim and provide legal advice on how to proceed with the lawsuit.
Evaluate Your Damages
Together with your attorney, assess the damages caused by the incident. This could include medical expenses, lost wages, pain and suffering, and emotional distress.
Negotiate a Settlement
Many cases are settled before they go to court. Your attorney may try to negotiate with the responsible parties or their insurance company to settle the case for an amount that covers your damages.
File a Lawsuit
If negotiations don’t lead to a satisfactory settlement, your attorney will guide you through the process of filing a formal lawsuit. This involves submitting legal documents to the court and proceeding with the case.
What Can You Recover from a Bar in a Lawsuit?
If you successfully sue a bar, you may be entitled to several types of compensation:
- Compensatory Damages: Compensatory damages aim to cover the financial losses you’ve incurred due to the incident. This includes medical bills, lost wages, and expenses related to your injury.
- Punitive Damages: In some cases, you may be awarded punitive damages if the bar’s conduct was particularly egregious. These damages are meant to punish the bar and deter others from engaging in similar behavior.
- Attorney Fees and Court Costs: If you win the case, the court may order the bar to pay for your attorney fees and any other legal costs.
Conclusion
If you’ve been kicked out of a bar and believe it was for illegal reasons—whether it was assault, negligence, or discrimination—you may have a valid case for a lawsuit. By staying calm, documenting the incident, and consulting with an experienced attorney, you can determine the best course of action. Legal action against a bar can be complex, but understanding your rights and the process can help you seek justice for any harm you’ve endured.