When Is a Bar or Nightclub Liable for Patrons’ Injuries Caused by Fighting?

 Posted on February 05, 2021 in Personal Injury Lawsuits

Did you know that over 80 percent of homicides and 37 percent of assaults are committed by people under the influence of alcohol? Alcohol is thought to increase impulsive and aggressive behaviors because of the substance’s effect on the brain mechanisms that typically inhibit these behaviors. It is no surprise then that physical altercations are common in bars, restaurants, nightclubs, and other establishments that serve alcohol. If you or a loved one were injured in a bar fight or another physical altercation while in a commercial establishment, it is important to know your rights. You may be entitled to compensation for your pain and suffering, medical bills, and other damages.

Personal Injury Claims Involving Assault and Battery

Most victims of assault and battery know that the aggressor can face criminal charges for his or her violent conduct. Fewer realize that they may have the option of bringing a civil claim for damages in addition to the criminal charges. If somebody attacked you in a bar or other commercial establishment or you were injured by other patrons who were fighting each other, you may have several legal avenues for pursuing compensation for your damages. You may be able to bring a personal injury claim directly against the individual who hurt you. You may also be able to bring a premises liability claim against the establishment itself.

Premises Liability Claim for Lack of Security

Premises liability deals with the duties that property owners have to individuals visiting their properties. Bar and nightclub owners have a legal duty to maintain reasonably safe premises and prevent avoidable injuries. This includes implementing adequate security measures. If a property owner’s failure to maintain reasonably safe premises results in a patron’s injury or death, the property owner may be liable for damages. However, determining what constitutes “reasonably safe” is not easy. Typically, premises liability claims come down to the foreseeability of the injury. If a bar or nightclub has a known problem with customers becoming physically violent and the property owner does not take steps to increase security measures, the property owner may be considered negligent.

A premises liability claim based on negligent security may help you recover compensation for:

• Medical bills
• Future medical care
• Disfigurement and scarring
• Lost wages due to missed work
• Physical pain and mental or emotional suffering

Contact a Waukegan Premises Liability Lawyer

If you or a loved one were the victim of assault or battery in a bar, restaurant, nightclub, or other commercial establishment, you may be able to bring a civil claim for damages against the property owner. A Lake County personal injury attorney from Salvi & Maher, L.L.C. may be able to help. Call our office at 847-662-3303 today and schedule a free, confidential consultation.

Source:

https://athealth.com/topics/alcohol-violence-and-aggression-3/