Bar or Nightclub Liability For Fight Injuries
If you are injured as a result of a fight in a bar, nightclub, pub, brewery, tavern, or other establishment, you could be facing a mountain of medical bills and associated costs. You shouldn’t be left to deal with these injuries and costs alone and depending on the circumstances of your injury you could have a case against the establishment where the fight happened that caused your injury.
Today we are going to talk about liability for the bar or nightclub when a person is injured as a result of a fight. In some cases the bar or nightclub may be sued. In other cases it is another individual that is held responsible, and in still more cases, both may be held liable. To help understand what you should do after you are injured, we are going to look at the different scenarios and how your case may work in each situation.
Determining Liability For Injuries
Liability is about determining fault. Whomever is at fault for your injuries is the one whom you would have a case against for damages. Liability can go a few different ways in a bar fight situation.
The Person Who Hit You
The most obvious choice for liability is the person who hit you. Whether you entered into a fight with someone and they hit you, causing your injuries, or you were accidentally hit as a result of someone fighting another person, in either case you likely have a case for damages. In the first scenario, it is necessary to prove that the person intentionally hit you and caused your injuries. In the second scenario, you must prove that the person who accidentally hit you was negligent in their actions and did not do everything they could to keep from hitting you.
There are other legal ramifications for getting into a fight so it can be difficult to prove fault against the person who hit you without sufficient evidence. In addition, the accused may seek legal representation from a defense attorney.
If you are planning to seek damages after a bar fight, its recommended you contact an injury attorney who can help you gather evidence and prove your case.
The Bar or Nightclub
Besides the individual who injured you, you may also have a case for compensation about the establishment where the fight took place. With the exception of rare cases where two individuals agree to mutual combat, a business has a duty of care to keep patrons safe from harm. A reasonable violation of this duty of care can result in a lawsuit for damages.
In the case of a fight in a bar, the bar has the duty to make sure that the fight does not occur, or if a fight should start, they must do everything reasonable to stop the fight before anyone is injured. This includes taking steps such as having bouncers on staff to break up fights, keeping the premises clear of dangerous objects that can be used as weapons, screening patrons for weapons before they enter, and removing known offenders and nuisances from the premises before something happens.
When the bar fails to meet these standards, such as by not hiring a bouncer or allowing a person to bring in a weapon and then another patron is injured, they then become liable, at least in part for the damages that person suffers.
Just like with suing the person who hit you, when suing the establishment where the fight happened, evidence of negligence is the most important factor for proving your case. Security camera footage, photos, witness statements, and testimony from the staff are a great way to help prove your case.
If you are injured in a bar fight you might have a personal injury case. Hire a personal injury attorney right away and start building your case as soon as possible.