If you are injured by a bouncer, the bar will almost always claim it was your fault, especially if you were drinking. They will say you were aggressive, refused to leave, or simply “fell over” because you were drunk.
Many people, and even some inexperienced lawyers, walk away from these cases because the “facts” look bad. They assume being intoxicated means you lose your rights, which is exactly what bars count on to avoid accountability for their negligent security.
This case study shows how Kohan & Bablove overcomes these challenges. Despite our client being intoxicated, we dug deeper. We tracked down a 3rd party IT company to prove that the bar intentionally deleted surveillance footage to hide the truth. This investigation turned a denied claim into a powerful $850,000 bouncer assault settlement.
Case Complexity: Client Injury vs. Bar’s Account
The Incident: Interaction Between Patron and Staff
Our client went out for an evening at a local bar expecting a normal night. As the night ended, a disagreement at the door turned into a physical encounter with a bouncer, and our client felt immediate pain in the arm.
Doctors later confirmed a fracture that required treatment and follow-up care. Because alcohol was involved, memories were contested, and each side described the contact differently—an early hurdle in pursuing a Bouncer Assault Settlement / Negligent Security claim. The injury disrupted work and daily life, and the medical bills quickly piled up while our client tried to heal.
The Bar’s Perspective: “Accidental Fall”
The bar insisted its staff acted appropriately and denied any shove, twist, or takedown. Management argued that our client simply stumbled, lost balance, and fell in a way that caused the break. They pointed to an incident report and staff statements, claiming the bouncer was guiding a patron outside.
That narrative tried to shift attention away from training, staffing, and whether the force was reasonable. For Kohan & Bablove Injury Attorneys, the job was to separate assumptions about alcohol from what actually happened and keep the focus on accountability tied to the Bouncer Assault Settlement / Negligent Security.
Evidence Limitations
The bar produced surveillance video, but the angle was limited, and the crowd blocked key moments. The footage showed movement and a sudden change in our client’s posture, yet it did not clearly capture the exact point of impact. There was no audio, and the clip jumped between frames, leaving seconds unaccounted for at the most critical time.
With no clean “smoking gun” frame, we had to build the timeline from medical records, witness recollections, and the bar’s own policies. Those gaps are common in Bouncer Assault Settlement / Negligent Security cases, and they often decide whether the story of a “fall” holds up under pressure.
The Investigation: Digital Forensics and “Spoliation of Evidence”
Both the bar’s official story and the limited video they provided were full of holes. The footage conveniently omitted the most critical moments of the altercation. The team at Kohan & Bablove knew that in a negligent security case, the truth is often hidden in what is not shown. We immediately launched our own aggressive investigation to uncover the full story.
Hunting for the Truth: The 3rd Party IT Company
Our experienced attorneys grew suspicious of the neatly edited surveillance video. Instead of accepting the bar’s claim that this was the only footage available, we dug into their operations. We investigated who installed and managed their security system, a crucial step that led us to an outside technology vendor. This 3rd party IT investigation was the key that unlocked the entire case.
Catching Them in a Lie: Deposing the Owner and Bouncer
Armed with information from the IT company, we strategically deposed the bar owner and the bouncer involved. We put them under oath and asked them to confirm that the video clips they provided were the only ones that existed. They both lied, sticking to their story.
We then presented them with the IT company’s records, which proved that other camera angles had been downloaded and subsequently deleted surveillance footage. This intentional act of destroying evidence is known as “Spoliation of Evidence.” In the eyes of the law, the act of hiding evidence is often seen as an admission of guilt.
Turning the Tables
Once we proved the bar had deliberately hidden the truth, the dynamic of the case shifted dramatically. The fact that our client was intoxicated became irrelevant. The central issue was no longer his behavior, but the bar’s illegal cover-up and their failure to follow their own internal policies regarding the use of force. The case became a clear example of premises liability, where the focus was entirely on their misconduct. This strategic maneuver was essential to securing the bouncer assault settlement.
The Outcome: A Major Settlement and a Client for Life
The moment we proved the bar intentionally destroyed evidence, the case was no longer about our client’s behavior, but about the defendant’s illegal cover-up. This pivotal shift, orchestrated by the experienced premises liability team at Kohan & Bablove, paved the way for a decisive victory and forged a lasting bond of trust with our client.
$850,000 Settlement Despite “Difficult Liability.”
We successfully overcame the “bad facts” of our client’s intoxication by highlighting the defendant’s far worse actions. Faced with the certainty that a jury would be furious about the deleted surveillance footage, the bar’s defense collapsed. Rather than risk a trial that would expose their cover-up and clear negligent security, the bar and its insurance carrier agreed to an $850,000 bouncer assault settlement.
This outstanding result demonstrates a core principle at our firm: we don’t shy away from difficult cases. We find the hidden leverage that other attorneys miss and use it to hold defendants accountable.
Earning Trust: The Client Returned for a Second Case
Our client was so impressed with how we navigated the complexities of his difficult case that he earned our firm’s loyalty for life. When he was unfortunately involved in a serious motor vehicle accident a year later, he knew exactly who to call. He returned to Kohan & Bablove without hesitation.
We were proud to represent him a second time, bringing the same level of aggressive dedication to his car accident case. We successfully resolved that matter for over $500,000. This is the ultimate testament to our approach: when you fight for a client when the chips are down and deliver results, you don’t just win a case; you earn a client for life.
Conclusion
Being intoxicated does not give a bouncer the right to break your bones. It certainly doesn’t give a business the right to intentionally delete evidence to cover up their negligent security. In a bouncer assault settlement case, the most crucial evidence is often what the defendant tries to hide. At Kohan & Bablove, our investigators specialize in uncovering the truth, especially the deleted surveillance footage that businesses think is gone forever.
Were you injured in a bar fight or assault at a club? Even if you had been drinking or the establishment is blaming you, you still have rights. Contact Kohan & Bablove today for a free, confidential consultation. We dig deeper to find the truth and hold the right people accountable.
Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.
