Toronto Bouncer Assault Lawyers
Verkhovets Law, Toronto bouncer assault lawyers, note that a bouncer’s job description includes:
- Controlling the crowd
- Food poisoning
- Checking ID for age
- Defending other patrons from harm
They also may ask a troublemaker to leave and remove them using reasonable force if they refuse. Nowhere is it written that a bouncer can go on a power trip and beat you up, choke, kick, or break your nose or jaw, or cause you harm in some other way.
Why you should work with our Toronto
bouncer assault lawyers
Why you should work with our Toronto bouncer assault lawyers
That’s right. A personal injury claim can still proceed: the burden of proof, a.k.a. the evidence you must have, is a much lower threshold in civil court – beyond a balance of probabilities.
The Toronto bouncer assault lawyers of Verkhovets Law would sue the bouncer personally in an intentional tort, which claims damages that arise from deliberate acts intended to harm. But since these cases are difficult to prove and often the bouncer can’t cover personally the compensation you’re owed, a lawsuit could also be filed against the establishment, and their insurance company, based on negligence.
Our Toronto bouncer assault lawyers know that in Ontario, venues that employ bouncers operate under the Occupier’s Liability Act which bars, clubs, and restaurants negligent if they don’t ensure their guests are reasonably safe – ironically a big reason why they hire a doorman in the first place. A negligence claim would allege if a patron were injured in a bouncer assault on their property, the owner/occupier could be held liable.
Toronto bouncer assault lawyers explain that even if the defence argues that the bouncer’s actions arose from trying to uphold their obligation under the Act by removing a patron who they thought was a danger, it doesn’t mean the bouncer can use excessive force and hurt someone in the process.
Toronto bouncer assault lawyers outline
common injuries that happen
Toronto bouncer assault lawyers outline common injuries that happen
that people suffer in a bouncer assault. Here is a list of some of them:
Verkhovets Law, Toronto bouncer assault lawyers know there are common injuries that people suffer in a bouncer assault. Here is a list of some of them:
- Back/spinal cord injury
- Black eyes
- Broken bones
- Broken nose
- Broken ribs
- Broken teeth
- Punctured lung
- Soft tissue injury
- Spinal cord injury
- Fractured jaw
- Mental trauma
- Neck injuries (choking)
- Stab wound
- Traumatic brain injury
- Taser injuries
Legal terms explained by our Toronto
bouncer assault lawyers
Legal terms explained by our Toronto bouncer assault lawyers
Causation: Our Toronto bouncer assault lawyers know that in a lawsuit arising from a bouncer assault, establishing causation is vital. Even though a bouncer can be found liable, often they can’t afford the damages. So, the nightclub is also sued, and one of the keys is a finding of negligence by showing they had a duty of reasonable care and breached it. Flowing from that is causation; prove the nightclub’s negligence caused the injury.
Be warned: once causation is established, it could support your case or relieve the nightclub of liability if it’s shown their actions didn’t contribute to the harm.
Our Toronto bouncer assault lawyers explain
what causes bouncer assaults
Our Toronto bouncer assault lawyers explain what causes bouncer assaults
Verkhovets Law, Toronto bouncer assault lawyers, know all about it: getting inside a nightclub depends on the bouncer working the door seeing you as one of the “cool people.” Or at least worthy of entering the inner sanctum to add value to the scene. It’s a power dynamic that can put the prospective patron at an immediate psychological disadvantage and at risk of injuries if an argument escalates to assault, possibly due to the negligence of the bouncer’s boss hiring a volatile bouncer.
Under the principle of vicarious liability – if the bouncer has an assaultive history yet works there, the employer might be found liable.
But while Toronto bouncer assault lawyers say the bouncer isn’t by law supposed to let his power turn physical – they aren’t actually allowed to just go off and use whatever force they want – sadly, some of them believe they can get away with it. That thinking is typically at the root of why most some bouncer assault injuries can occur.
Our Toronto bouncer assault lawyers list the most common causes of bouncer assault injuries:
- Bouncer with anger issues and history of a short fuse and a bad temper
- Head butting
- Shoving into a sharp or blunt object
- Pushed down a stairwell
- Too much force, i.e., when breaking up a fight
- Using a weapon: stick, Taser
- Wrong place at the wrong time in the way of a ramped-up bouncer
Our Toronto bouncer assault lawyers
also handle these types of claims:
Our Toronto bouncer assault lawyers also handle these types of claims:
And our Toronto bouncer assault
lawyers will help you with these types
of personal injuries:
And our Toronto bouncer assault lawyers will help you with these types of personal injuries:
Soft tissue injuries
Our Toronto bouncer assault lawyers outline
bouncer assault claims
Our Toronto bouncer assault lawyers outline bouncer assault claims
Verkhovets Law, Toronto bouncer assault lawyers, note that under the province’s Limitations Act (2002) your bouncer assault claim must be initiated within two years. So, it’s important to have legal assistance as soon as possible to handle your case.
Our Toronto bouncer assault lawyers will assess your injuries to determine what losses you have experienced and how much compensation you deserve. We will also consider which at-fault parties will be named – the bouncer, venue owner, event organizer, or a third-party employer.
Some of the most common losses seen in these types of cases are:
- Emotional distress
- Housekeeping costs
- Lost income – present and future
- Loss of enjoyment of life
- Loss of quality of life
- Loss of consortium
- Medical expenses – present and future
- Nursing care
- Pain and suffering for current and future physical and emotional injuries
- Prescription medication costs, including eye glasses, prostheses
- Sexual disfunction
- Travel costs for appointments