When you head out for a night on the town, the last thing you expect is to suffer serious injuries after being assaulted by a bouncer. Sure, the bouncer is probably blaming you for the incident, but what rights does a bouncer legally have, and what legal recourse do you have ensure they are held accountable when they break the law?
Continue reading to learn more about what bouncers are legally allowed to do in Ontario and how you can bring the bouncer who assaulted you to justice.
Did a Nightclub Bouncer Cross the Line?
In Ontario, bouncers are given some leeway when it comes to patrons in their nightclub or bar. Before using any sort of force whatsoever, bouncers are supposed to first ask guests they feel are acting inappropriately to leave the establishment. If the patron refuses to leave, bouncers are able to use “reasonable force” to remove a patron from the establishment.
The law does not specify that a bouncer can use any amount of force, or excessive force, to remove patrons that a bouncer considers unruly. Neither does the law specify that a bouncer can assault you to get you to leave the nightclub or bar, nor that you can be intimidated or harassed by a bouncer.
If a bouncer punched you, threatened to cause you physical harm, assaulted you, or otherwise used an amount of force beyond what the law would consider to be “reasonable,” you may have a personal injury lawsuit.
Filing a Civil Claim Against an Aggressive Bouncer
Pursuing a civil lawsuit against a bouncer who assaulted you is much different than any criminal charges they may face. That question is up to law enforcement to answer.
When you file a personal injury lawsuit, however, you’ll seek compensation from the bouncer for the harm they have inflicted on your life. Some of the most common types of losses seen in bouncer assault claims include:
- Lost income
- Out-of-pocket medical expenses
- Emotional distress
- Damaged earning capacity
- Lost enjoyment of life
- Loss of consortium
- Property damage
Depending on the circumstances of your case, the courts may even determine that you should be awarded punitive damages. The courts will issue such an award only if it deems the actions of the liable party to be reprehensible or intending to cause harm.
If the bouncer who crossed the line in your case used excessive force, you could be awarded punitive damages for your suffering.
Meet with a Toronto Club Assault Lawyer
To further discuss the individual details of your potential civil claim with a respected Toronto club assault lawyer at Jasmine Daya & Co., schedule a free, no-obligation consultation. You can do so by completing the convenient contact form we have provided at the bottom of this page or by giving our office a call at 416-967-9100.