What Happens if You Get Injured in a Nightclub Brawl?

When alcohol is involved, the risk of injury exponentially increases. If you have been involved in a fight at a nightclub or bar, you may be wondering who is at fault and how you can claim compensation for any injuries. Many establishments that serve alcohol have bar insurance to protect them against any claims made by individuals injured in fights that occur on their premises.

If a person is lawfully present in an establishment, he or she is known as a guest or “invitee” – someone who has been invited onto the property. Nightclub and bar owners may be considered liable for any injuries suffered by their patrons under premises liability doctrine. They are legally obligated to minimize any risk of injury, and they may be held accountable if they fail to do so.

Obviously, if you did not start or agree to the fight, the person who assaulted you is primarily liable for any injuries you suffered. Depending on the circumstances, testimonies from eyewitnesses and bar staff, or surveillance footage, the assailant may face criminal assault charges. However, suing the assailant may not yield adequate compensation for your injuries if he or she does not have the assets to provide compensation. If the nightclub or bar was in any way responsible for the incident, you may need to focus your legal claim on where the incident took place.

When suing a nightclub or bar, your case is largely governed by personal injury law , which means you must prove the defendant’s negligence. The victim must show three things to the court to successfully claim damages:

Bars are also beholden to local and state laws in their area, which may include serving underage customers, happy hour specials in prohibited areas, or staying open past posted hours.

Bar fights can quickly become extraordinarily expensive for bar owners , and they present very complex liability issues. For example, a bystander injured by the actions of a bouncer or security staff may sue for use of excessive force. The court may also determine that the bar staff did not take action to prevent a dangerous altercation in a reasonable time, which resulted in the victims’ injuries. One of the biggest risks for bar owners and bartenders is ensuring they prevent drunk patrons from purchasing more alcohol.

Due to how complex these cases can be, the surest way to obtain compensation for injuries is to retain the services of a competent personal injury attorney. At Gordon, Elias & Seely, we work to ensure all parties responsible for our clients’ injuries are held accountable for their actions. This may include the assailant or the bar or nightclub for failing to exercise reasonable care in serving patrons and providing a safe environment.

Business owners need to ensure their establishments are hazard-free and that they take adequate precautions against dangerous situations. When they fail to do so, they need to be held accountable for the damage they cause. Get in touch with our legal experts if you have any questions about a recent bar fight.

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