Bars and nightclubs can be a great place to go let loose and enjoy yourself for an evening. Good music and fun friends mixed with some choice drinks can make for a fun evening. Unfortunately, when alcohol is involved, many things can go wrong. As people drink more, inhibitions get lost and arguments or fights tend to break out.
But what happens if you’re attacked in a bar or nightclub? What about if you were the unlucky victim of a rogue punch or thrown object? In a situation like that, it is easy to wonder who is liable for your injuries — is it the bar or the assailant?
What you are looking at falls under the category of premises liability and it can be complex and difficult to navigate.
First off, when it comes to the assault, the assailant is definitely liable for his or her actions against you. Of course, you never know just how much money the assailant has so it could be in your best interest to focus your attention and legal efforts toward the bar or nightclub,
It is possible to sue the establishment for a personal injury sustained because of a fight at the bar. But, in order to do so, you must prove the establishment was negligent and that your injury was a direct result thereof.
Under dram shop laws, a bar or nightclub has a responsibility to monitor its customers in order to make sure intoxicated customers do not continue to be served. If intoxicated customers continue to be served, you might have a dram shop case worth pursuing against the bar or nightclub.
The bar can also be guilty of violating local and/or state laws, which can also lead to liability against the bar. A couple of examples of violations can be staying open after closing hours or even serving underage patrons. These violations can definitely help you should you pursue legal action against the bar.
So, if you do decide legal action is necessary there are a few steps that you should be sure to take. First, make sure to report the incident to bar management. If possible, get eyewitness accounts from those present, including any behavior of the assailant leading up to the assault. Also be sure to get those witnesses’ contact information as they can prove critical in building a strong case.
If you or a loved one was a victim of an assault at a bar or nightclub you should contact an experienced attorney. Lombardi and Lombardi, P.A., are well versed in premises liability litigation and can help you get the compensation you deserve. Contact Lombardi and Lombardi, P.A., today at 732-564-7165 for an initial consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.