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 depends on the specific circumstances but may include:
- Medical bills
- Lost wages
- Lost earning capacity
- Miscellaneous expenses
- Pain and suffering
- 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.
- Allowing more than the maximum number of people in a building: This can be dangerous in emergencies such as a fire.
- Failure to correct any hazardous condition such as a spill or broken step that causes a fall
- Being injured by a person who was served too much alcohol
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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 that you encountered. If you have been injured in a bar or club, obtain medical attention immediately so that you can document your injuries. It is also advisable to report your incident to the police. After you have received medical attention call a lawyer immediately to understand your rights.
Proving Negligence Against a Bar or Club Owner to Establish Liability
New York law defines negligence as “the failure to act with the level of care that a reasonable person would use under the same circumstances.”
To establish negligence against a bar or club owner, tenant, or operator, the facts of your case must prove four elements:
- The party or other parties owe you a legal duty of care.
- That the other party or parties breached this legal duty of care.
- That you suffered an injury.
- That the party’s actions were a substantial factor in causing your injury.
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Evidence that Can Prove Liability in Bar or Club Liability Cases
The success of every claim is based upon the strength of the evidence of fault and injury that is presented. If you have been injured while a patron in a bar or club due to the negligence of a bar owner, tenant, or operator, you may be entitled to substantial financial compensation for each and every type of injury you suffered. Proving negligence is complicated, however. Consult an experienced and dedicated personal injury lawyer to protect your rights. At Dansker & Aspromonte Associates, we have been fighting for victims of bar and club negligence since 1988. Call us for a free consultation. If we agree to accept your case, we will conduct a careful and thorough investigation of the facts of your case, gather and preserve evidence, file all claims in a timely manner, negotiate on your behalf and build a strong claim for maximum compensation so that you can concentrate on your own recovery. Some of the evidence we will gather in your case may include:
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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.
Get Help from a New York Bar or Club Liability Lawyer at Dansker & Aspromonte Associates Today
Bar and club owners can be held liable for any injuries that occur in a personal injury case if those injuries were preventable. If you or a loved one has been injured at a bar or nightclub in New York City or the metropolitan area, contact the premises liability team at Dansker & Aspromonte Associates today. Injuries that occur in bars and clubs vary widely from severe fractures and traumatic brain damage to spine, facial, and joint damage. Even if you are not sure whether you have the right to bring a claim, contact our attorneys for a free consultation. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a fee when you recover compensation.
Call Dansker & Aspromonte Associates today at (212) 732-2929. Our lawyers are waiting to hear from you. The sooner you call, the sooner we can begin to fight for you. Don’t delay, however, as there are deadlines that limit your rights. If you fail to file your claim by the deadline, you can be prevented from receiving the compensation you deserve.
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