It is not uncommon for people to go to bars, restaurants, and nightclubs with family and friends in order to have a good time. Unfortunately, enjoying yourself at one of these public venues can lead to harm – such as bar fights, assaults, etc. Common injuries from bar encounters can include facial lacerations, brain trauma, and even broken bones. For some, the injuries are so serious they require long-term medical care to recover – and with that care comes a significant financial burden on behalf of the victim.
Determining Liability
In these types of cases, you may wonder if you have a valid negligent security claim for your bar injuries. The answer, however, is not so clear. In order for someone to be liable for your injury, there has to be an assailant, and that person is technically the individual liable for any damages you encounter. They will not only face criminal charges, but will be civilly liable for your losses. The punishments associated with the criminal case are not the same as your civil case.
In addition to the person that attacked or harmed you in the bar, you may have a claim against the establishment itself. In order to recover from that establishment, you must prove that they were negligent or that their negligent security led to your injuries and the assault itself. Just like other premises, bars and nightclubs are required to uphold certain duties, including:
- The duty to keep the property reasonably safe for patrons and visitors.
- The duty to refuse to serve alcohol to those that are too intoxicated.
- The duty to provide security in order to keep customers safe on the premises.
If the bar did not have adequate security to protect you from an assault, then they could be held liable for any injuries and losses that you encounter because of the assault.
Assessing Violations of Local Laws
Sometimes a bar may also violate state or local laws. These violations could lead to a liability lawsuit against that bar. For example, the bar served alcohol to underage drinkers and those underage drinkers were the individuals that assaulted you. The bar not only violated the law, but they then did not provide security against such harm.
Bringing Your Case to Court Requires the Assistance of an Attorney
If you have been injured in a bar fight, do not attempt to file your claim on your own. Instead contact an attorney at Gladstein Law Firm today. We offer free consultations and are more than happy to discuss your case. Call us to schedule your appointment today or fill out an online contact form with your questions.
