Daniel Cunningham Manhattan: Daniel Cunningham Died After Paddles Nightclub Bouncer Throws Him Through Glass Door In Chelsea Along West 26th Street Near Eight Avenue
MANHATTAN, NEW YORK (December 16, 2019) – A Chelsea clubgoer identified as Daniel Cunningham has tragically died after he was thrown through a glass door by a bouncer at Paddles nightclub on West 26th Street near Eight Avenue.
New York State Police are saying that the incident occurred around 4:35 p.m. on December 8th. For reasons that remain under investigation a 41-year-old bouncer chased Daniel Cunningham jumping over a row of Citibikes in the process.
When the bouncer caught up to the victim he allegedly shoved him in the back causing him to go through a glass door. Daniel Cunningham sustained a severe cut to his head and went into cardiac arrest.
Paramedics were called to the scene in order to help the victim. He was taken to the Lenox Health Greenwich Village Hospital but later succumbed to his injuries.
The bouncer involved in the incident was arrested the next day on charges of misdemeanor assault and aggravated harassment. Depending on the outcome of an investigation by the city’s medical examiner he could face additional charges.
Susan Scott was Daniel Cunningham’s girlfriend and still hasn’t been told all the details of what happened that day. “We don’t know the whole story,” she said to reporters.
Those that knew Daniel Cunningham described him as an incredibly warm, affectionate and larger than life figure. An investigation into the tragic incident at the Paddles nightclub remains ongoing at this time.
Liability In Manhattan Bouncer Assaults
Bars and nightclubs have a legal responsibility to maintain their premises in a reasonably safe manner. According to the New York State Bar, “if there is an unsafe condition (or activity) on the owned property, of which the owner knew, or should have known, and which caused injury to someone on adjacent property, the owner will be liable. For example, if the owner allows water to flow from his property onto adjacent property, which then freezes – forming ice, and results in a fall and injury, the owner will be liable.”
This responsibility for bars and nightclubs includes protecting patrons from physical violence. Unfortunately, security guards and bouncers are often the ones inflicting injuries upon guests. Security guards have a duty to tread a very find line. They must protect guests while at the same time use reasonable levels of force to remove guests that may be unruly. Bouncers are not legally allowed to do the following if they are not first threatened:
- Striking patrons with punches or kicks
- Pushing or physically throwing a person out of a bar; bouncers are supposed to ask unruly guests to leave while “guiding” them to the exit
- Restraining guests in choke-holds or joint-locks
- Using weapons like nightsticks, handguns or pepper spray
Likewise, bouncers are not allowed to chase down fleeing suspects and assault them. If a bouncer uses an unreasonable level of force and causes a nightclub patrol to be injured or killed the company that employed them could be held liable. For example, a nightclub could be liable for failing to conduct a proper background check prior to hiring a bouncer. They may also be liable for negligent security or improper training of their security personnel.
The family of any victim that died after being assaulted by a bouncer may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills, funeral expenses and loss of love. Potential beneficiaries in a civil dispute may include a victim’s spouse, children, parents or siblings. Unfortunately, nightclubs will often fight vigorously to deny liability for the actions of the bouncers that they hire. A premises liability attorney can investigate the facts of your case free of cost and let you know what your legal options are.
Investigating A Manhattan Bouncer Assault
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Daniel Cunningham. Any person that may have knowledge about what happened should reach out to the NYPD for the sake of the victim’s family and friends. This was a preventable tragedy that should not have taken place. The bouncer and the nightclub involved in this incident need to be held accountable for what happened. Steps must be taken to make sure that security guards are properly trained and that measures are put in place to prevent additional incidents like this.
