While bars and night clubs can be a fun care-free environment, occasionally the drinking can lead to altercations which may effect you negatively. A claim against a bar or nightclub for damages resulting from a fight or assault at their establishment is a standard personal injury case, which means that it is a negligence case.
What To Do After An Incident
If you were injured or assaulted in a bar, you must report the incident to the management of the bar immediately. Insurers (and juries) often question the legitimacy of an accident claim that was not reported at least by the next day.
Do your best to get the names and contact information of any witnesses to the fight or to your assailant’s behavior before the fight, i.e., how much was he drinking, etc. People may not want to cooperate, but witnesses can be critical in a bar fight case.
In order to win a case against a nightclub, you have to prove that the nightclub was negligent, and that its negligence was a cause of your injury. But how do you do that, assuming that it was another patron who assaulted you?
Claims against bars or nightclubs in fight cases usually involve an intoxicated assailant and so will usually involve the bar’s security and alcohol service policies. All bars have a duty to act reasonably to provide necessary security for their customers, and all bars have a duty not to serve intoxicated customers.
With respect to security, a bar must provide whatever security is reasonably necessary, based on the circumstances. A bar that is known for fights, arguments, and drug use needs far stricter security measures. For example, reasonable security in such a bar might include things like:
- serving drinks only in plastic cups
- having multiple bouncers
- hiring an off-duty policeman to monitor the bar
- firmly securing the tables and chairs to the floor.
With respect to alcohol use, a bar or nightclub has a duty (under dram shop laws) to closely monitor its patrons to make sure that it does not serve alcohol to intoxicated customers. A dram shop law is the legal term for a law having to do with lawsuits arising out of injuries caused by people who bought alcoholic drinks at bars or restaurants. If someone gets drunk and attacks you at a bar or even on the street, you might have a dram shop case against that bar or nightclub.
These types of violations will help the injured patron in a lawsuit against the bar.:
- serves underage customers
- stays open after closing hours
- hosts happy hour drink specials illegally
- Investigating And Prosecuting Nightclub Fight Cases
Contact An Attorney
If you’ve been injured by someone at a bar or nightclub, don’t hesitate to speak with one of our experienced attornies to see what your options are.
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