Suffering a physical assault inside or outside a nightclub, by the very person who is supposed to guarantee safety, is a traumatic experience that leaves not only physical but also psychological scars. Often, in these confusing and violent circumstances, the victim feels disoriented and powerless against the physical strength of the security personnel. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci deeply understands the sensitivity of these situations and the importance of acting promptly to protect one's rights. It is not just about obtaining justice for the injuries sustained, but about restoring a sense of security and dignity violated by unacceptable behavior.
The Regulatory Framework: Criminal and Civil Liability
Italian law is very clear regarding the use of force by security personnel, commonly known as bouncers. These professionals are not public officials and do not have the power to use physical force, except in self-defense in case of immediate danger to themselves or others, and always in a manner proportionate to the offense. When a security guard exceeds these limits, causing personal injury, a criminal liability is first established against the perpetrator. However, a fundamental aspect for compensation, civil liability also comes into play. According to Article 2049 of the Civil Code, masters and principals are liable for damages caused by the unlawful acts of their servants and employees in the performance of the duties to which they are assigned. This means that, in most cases, the nightclub or security agency is jointly and severally liable for damages caused by its employee.
The Bianucci Law Firm's Approach to Damages Compensation
Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, handles cases of assault by bouncers with a meticulous strategy aimed at maximizing the chances of obtaining fair compensation for the client. The first phase always consists of an in-depth analysis of the facts, gathering all useful evidence: medical reports from the Emergency Room, witness testimonies, any surveillance camera recordings, and reports from the law enforcement agencies that intervened. The Bianucci Law Firm works to demonstrate not only the aggressor's liability but also the causal link connecting the event to the venue's activity, thereby activating the establishment's insurance coverage. The goal is to obtain full compensation for all damages suffered: from biological damage for physical injuries (temporary and permanent), to moral damage for inner suffering, up to material damage for medical expenses incurred and loss of earning capacity.
Frequently Asked Questions
Can I claim damages even if I did not file a complaint immediately?
A complaint for personal injury must be filed within three months of the incident, and it is a necessary condition for criminal proceedings in cases of minor injuries. However, the civil action for damages has longer statute of limitations (generally five years). Although it is always advisable to report the incident promptly to the authorities to solidify evidence, Avv. Marco Bianucci can assess the possibilities of proceeding in civil court even in the absence of an immediate complaint, provided there is sufficient evidence of the assault and the damage suffered.
Is the venue liable even if the bouncer is from an external company?
Yes, jurisprudence tends to recognize the liability of the disco or nightclub even when security services are outsourced to an external company. This is based on the principle of reliance and the duty of control that the venue manager has over the actions of those working within it. In such cases, the claim for damages can be directed to both the security company and the venue manager, increasing the solvency guarantees for the victim.
What documents should I keep to obtain compensation?
To build a strong claim for damages, it is essential to keep all medical documentation, starting from the first Emergency Room report that attests to the extent of the injuries and the declared cause. It is also necessary to keep receipts for all subsequent medical expenses (specialist visits, medications, rehabilitation therapies). Furthermore, if the assault resulted in days of absence from work, it is useful to document the economic loss suffered. Avv. Marco Bianucci will guide the client in collecting and organizing all necessary evidentiary material.
Request a Case Evaluation
If you have been the victim of an assault by a security guard, do not let time pass and compromise your rights. The Bianucci Law Firm, located at via Alberto da Giussano 26 in Milan, is at your disposal to examine your case with professionalism and confidentiality. Contact Avv. Marco Bianucci to schedule an initial consultation: together we will assess the feasibility of a compensation action and the most effective strategy to obtain justice.