Can I Sue if an Intoxicated Person Hurts Me at a Bar?

Most bars and restaurants provide a peaceful opportunity for a nice evening out of the house. Others are a hornet’s nest of chaos and trouble. Direct attacks, or an accidental injury from flying bottles or fists do happen. But the big question is; who is liable?

Are victims able to sue a nightclub or bar when injuries occur there? Premises liability laws cover situations like these.

First, It Must be Someone Else at Fault

To start, someone else had to start the fight. An injured person cannot sue for their own injuries if they started the altercation. Also, the injuries must not arise from an agreed upon fight or a mutual disturbance. The person who began the attack assumes liability to the injured party. Intentional tort principles cover these damages.

Unfortunately, most people fighting in bars lack the financial resources to make it worthwhile to sue them. So, injured parties often must look to suing the nightclub or bar itself.

What Is Dram Shop Law?

Dram Shop law refers to injury lawsuits caused by people who purchased alcoholic drinks at bars and restaurants. When someone drinks and then attacks, a Dram Shop case against the bar or nightclub may ensue.

When someone suffers damages by the actions of an intoxicated person there is legal recourse against the establishment serving the alcohol. Presumably, serving too much alcohol led to the attacker’s actions. Alcohol sparks dangerous situations, and sometimes punches fly for no other reason.

Weapon use is also an issue. Patrons carry weapons in, or a variety of potential weapons are already in the bar as tempers flare. Pool cues and bar stools are handy. Bottles or beer mugs as weapons for glassing another person are particularly dangerous. The unpredictable nature of drunks makes the establishment responsible.

General Premises Liability Law

Claims against bars or nightclubs for damages from a fight are standard personal injury cases, which is a type of negligence case. The nightclub must prove negligent, and that negligence caused the injuries. Fight cases generally involve intoxicated assailants which calls into question security and alcohol service policies. Every establishment has a duty to reasonably provide security for customers, and not to continue to serve intoxicated customers.

Under Dram Shop Laws, bars and nightclubs have a duty to closely monitor patrons. They provide assurance that they do not continue to serve alcohol to their intoxicated customers.

State and Municipal Laws

Violations of a state or local law leads to potential liability against the establishment. Serving underage customers, staying open later than regulations allow, or happy hour drink specials where prohibited, help an injured patron in their lawsuit.

Immediate Actions

In personal injury cases, actions taken immediately afterwards can help the success of the case. The management of the bar should receive a report of the fight, and the injury, immediately. A law suit can still proceed, even if the injury report waits. Juries and insurance companies question accident claims not reported quickly. Witness contact information is part of an injury report, too.

Victims of Drunken Violence 

The perpetrator of drunken violence, and also the enabling establishment, hold the responsibility for damage. Bars pouring drinks for drunk patrons violate the law. Dram Shop Law considers both the attacker and the bar responsible for the violence and the damages.

If the attorney proves that negligent alcohol service primarily caused the injuries, the victim can pursue damages from the negligent bar. In Dram Shop cases the conclusion is that the intoxicated person would not take the actions that caused the injuries if alcohol did not cloud his thinking.

So, can someone hurt in a bar fight sue the bar where it happened? Yes, in some situations, as long as they didn’t start the fight.