Legal Question in Personal Injury in Texas

Bouncers used excessive force

I went to a bar two nights ago, got pretty drunk of course. And from what my friends can remember ( I have no recollection of this...dont remember who started what) I end up trash talking back and forth with a bouncer. Things escalate, and at one point i charged him, but never physically touched him. Immediately they did their job, I was thrown into a choke-hold and forced out. All I could remember was dancing and having a good time, and then not being able to breathe. After being thrown outside, and figuring out what exactly happened, a police officer approached me and asked what was going on. I responded with exactly what I could remember - nothing - I had no idea. I was dancing and all of a sudden I'm being thrown out and here I am, could you tell me what happened sir? The officer left.

I was standing roughly 30 or 40 feet from the door at this point. One of the bouncers then proceeded to come outside, and taunt me from a distance. Pointing and laughing, taking off his shirt and flexing, in my drunken state i felt no pain, and after a few minutes of the taunting I went back upto him to pick another fight. Immediately I got pulled back inside the property line by four to six of them who were apparently waiting for me (out of view of the police officers in the street). And this is when they inflicted the most damage. I had my hands held behind my back, put into a choke hold, and they took turns wailing on my face for at least a few minutes.During this process I lost my shoes, so after they were apparently satisfied i was dropped back outside. In my drunken state I returned to the front of the bar where I was immediately let in again in search of my shoes. This time, once they realized I was in their establishment for the third time after being kicked out, they bounced me out... yet again. When i got home I noticed my left eye beginning to swell but I had no idea how bad my injuries would be when I woke up. I went to the doctor in the morning, and after seeing my injuries highly recommended I go to the local ER and get a ct scan of my face in case their was an orbital fracture, as well as an xray of my spine. My injuries included, abrasions on my shoulders arms and hands, contusion in the lumbar area of my back, severe left eye and head contusion swelled upto approximately three times its normal size (this was the worst), along with the remaining head and neck trauma. After seeing the doctor I went to the ER for the ct scan and x-rays and luckily everything was negative for fractures. All in all though, a pretty unnecessary, terrible, and drunken night.

Now this is the part I have a question about. Considering a bouncers job is to use force when necessary to remove a patron from said business in order to protect other patrons as well as the employees, at what point does it encroach the use of excessive brutality? And the taunting? To my basic understanding it seems pretty unprofessional, in the least, if not criminal. Given these circumstances many could sit here and argue that I asked for what I got, go home, take your losses and move on, but from my brief description of this event (put mostly together by my friends and witnesses), what is your legal take on it? Should I pursue this establishment in court for at least my medical bills for the ct scans and x-rays? I've documented all of my medical expenses, and taken pictures of my injuries, and will be sure to document everything else that I can. Once they bounce me out the first time, when does it become their responsibility to make sure I don't come back in looking for more? Would appreciate some thoughts on this issue before I seek legal council in person, on monday morning. Do I even have that much of a case at all? Thanks for your time.


Asked on 4/10/10, 4:02 pm

1 Answer from Attorneys

Parker Polan Briggle & Polan, PLLC

You may indeed have a claim against the company that employs the bouncers, it is most likely an independent contractor hired by the bar. Because this is a non-delegable duty, the bar will not be liable for your damages/injuries unless they controlled how the bouncers were to do their job. I have handled a case very similar to yours. If you would like to discuss the merits of your case, feel free to contact me at (512) 472-8318.

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Answered on 4/16/10, 7:32 am


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