Bar and club owners can be held liable for injuries and other losses in a personal injury case. Specific damages they may be liable for depend on the specific circumstances but may include:
- Medical bills
- Lost earning capacity
- Pain and suffering
- Lost wages
- Miscellaneous expenses
- Mental anguish
How Negligence Can Lead to Injuries at a Bar or Club
There are many different ways negligence can lead to injuries in a bar or club, such as:
- Negligent security: This can cause visitors or patrons to be victims of physical assaults, robberies, or sexual assault by other patrons or security personnel.
- Inadequate lighting: Inadequate lighting can lead to assaults and robberies or slip and fall accidents.
- Overcrowding: Allowing more than the maximum number of people in a building can be dangerous in emergencies such as a fire.
- Failure to correct hazardous conditions: Such as a spill or broken step that causes a fall.
- Overserving alcohol: Being injured by a person who was served too much alcohol.
Defining Premises Liability
When defining premises liability claims, the New York City Bar Association explains that when you are injured while lawfully on someone else’s property, the owner, tenant, or operator may be liable for your injuries if their negligence caused your injury.
Every case is unique and based upon the particular facts and circumstances. If you have been injured in a bar or club, obtain medical attention immediately to document your injuries. It is also advisable to report your incident to the police. After receiving medical attention, call a lawyer immediately to understand your rights.
Evidence that Can Prove Liability in Bar or Club Cases
The success of every claim is based on the strength of the evidence. If you have been injured due to the negligence of a bar owner, tenant, or operator, you may be entitled to substantial financial compensation. Proving negligence is complicated; consult an experienced personal injury lawyer to protect your rights.
At Dansker & Aspromonte Associates LLP, we have been fighting for victims of bar and club negligence since 1988. Call us for a free consultation. If we accept your case, we will conduct a thorough investigation, gather and preserve evidence, file claims on time, negotiate on your behalf, and build a strong claim for maximum compensation.
Types of Evidence:
Police Report
If law enforcement came to the bar or club after the accident, a police report or other official report may have been filed following the incident. Plaintiffs may request an official copy of these reports, which may include law enforcement’s opinion or identification of an at-fault party. It is usually a good idea to request that the police come to the scene of your injury to document the facts even if the bar or club suggests otherwise.
Bar or Club Incident Report
Regardless of whether the police responded to the scene, many bar or club operators have their own internal rules requiring that an incident report be completed following an injury on their premises. Always request that an incident report be completed so that the facts are documented.
Medical Records
To recover compensation for injuries after a bar or club accident, victims must prove those injuries. Medical records can both help establish injuries and link those injuries to the incident at the bar or club. Request medical attention at the scene if possible. Follow all medical instructions and seek further evaluation as necessary to document the full extent of your injuries.
Witness Testimony
Eyewitness testimony can help bolster an injured party’s version of events. Typically, a police report will list witness information within these reports. A lawyer can interview eyewitnesses to build a case.
Video Evidence
If surveillance video is available, it can help determine exactly what happened. This can be helpful if the establishment is claiming that the incident did not occur or that it was different than the injured party claimed.
Photographs
Any photographs of your visible injuries or the accident scene will also help paint a picture of the incident which can strengthen your claims.
Our attorneys are skilled in handling a range of personal injury cases, including motor vehicle accidents, construction accidents, serious injuries, wrongful death, and more.
FAQs:
What can bar or club owners be held liable for in a personal injury case in New York?
Yes, bar and club owners can be held liable for injuries caused by unsafe conditions or negligent conduct. Claims often arise under Premises Liability and Negligence, which require maintaining a reasonably safe environment for patrons. Liability may include hazards like spills, broken stairs, poor lighting, or overcrowding. Owners may also be responsible if they fail to prevent foreseeable harm, such as assaults or unsafe conditions on the premises. Time limits vary — contact an attorney immediately. Legal analysis helps determine whether the establishment breached its duty.
Can bar owners be responsible for injuries caused by other patrons or alcohol-related incidents?
Yes, bar owners may be responsible for injuries caused by intoxicated patrons in certain situations. Under Dram Shop Liability and Premises Liability, establishments can be held accountable if they serve visibly intoxicated individuals who later cause harm. Bars must monitor alcohol service and take reasonable steps to prevent dangerous behavior. If they fail to act and a patron is injured, liability may arise. Time limits vary — contact an attorney immediately. These claims often depend on evidence showing overservice or lack of supervision.
Can bar or club owners be liable for the actions of their employees or security staff?
Yes, bar owners can be held liable for the actions of their employees, including bouncers or security staff. Legal doctrines like Respondeat Superior and Vicarious Liability allow employers to be responsible for actions taken within the scope of employment. Claims may also involve Negligent Hiring or Negligent Supervision if the business failed to properly train or monitor staff. If a bouncer uses excessive force or fails to protect patrons, the establishment may share liability. Time limits vary — contact an attorney immediately. Proper investigation is required to determine fault.