QUESTION
Can a bar be sued if they still let a barred patron into their establishment after a bad incident?
Asked on Dec 04th, 2013 on Personal Injury - Idaho
More details to this question:
Can a bar be sued for the following: My friend was walking into a local bar/restaurant, when a patron came charging out, knocked into him, and then proceeded to pull out a box cutter and cut him from ear to chin nearly killing him. The man was caught by police, confessed, and the entire scene is on the bar's security cameras. (I know it sounds crazy and what is even crazier is that this is a really nice establishment!!!) Initially he was told this is a cut and dry case, but now being told by police that the guy will probably get off, but with out much of an explanation so far. Apparently the patron was "barred" from the establishment, but the staff was not enforcing and has multiple accounts of assault on his record. My friend is going to have some serious medical bills. Not to mention a major scar and possible nerve damage. What should he be doing at this point? Pressing criminal charges (or do the police/public attorneys do that)? Pressing civil charges? Against the guy? What about the bar, can they be liable?
13 ANSWERS
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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There should be criminal charges at least. He may have a civil case as well but I would need more information.
Answered on Dec 10th, 2013 at 12:01 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are asking a lot of good questions. I have one of my own: why isn't your friend asking these questions? As for "pressing charges": you state that the assailant was caught by police and confessed. That means that the charges have been pressed. I can't imagine why he is being told that the guy will probably get off, maybe what they are talking about is that he could avoid jail time, but that's not the same as getting away with it. Your friend should ask the District Attorney's office if they have a Victim Witness Assistance Program. If so, the DA's office will pay the medical bills and then get reimbursed from the assailant as part of his disposition or sentence. Your friend can also sue the guy, but does he have assets with which to satisfy a judgment? As to the bar, they can be sued if it can be shown that they served the assailant after he was already drunk, this is called a "dram shop" action.
Answered on Dec 10th, 2013 at 12:01 PM
Ronald A. Steinberg
The assailant is responsible, both criminally and civilly. The bar did what they were supposed to do; they tossed him out of the bar. If the bar "gave, sold, or otherwise furnished liquor" to the guy "when he was obviously intoxicated," then the bar could be liable under the Dram Shop Act.
Answered on Dec 10th, 2013 at 11:59 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Your friend would have to show that bar's negligence contributed to this incident, which would probably require proving the bar was on notice that the patron might commit a violent act, or that the bar has had patrons become violent in the past which should put them on notice to have more security. Because the injury is so serious, our friend should find a personal injury attorney who can determine if there is a viable case.
Answered on Dec 10th, 2013 at 11:59 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Bars are not popular and people who frequent them are not either.with that said, bars cannot get insurance for coverage of criminal behavior, but if it is true as you say that he had been barred and the bar was not enforced, then the bar might be liable. You may get a judgment and then find there are not enough assets to cover the judgment. You have a messy matter.
Answered on Dec 10th, 2013 at 9:09 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sue the guy. A personal injury attorney will probably also sue the bar. Its insurance might pay something just to get rid of the case.
Answered on Dec 06th, 2013 at 7:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is doubtful that the bar will have liability, but possible. The perpetrator certainly have criminal and civil liability.
Answered on Dec 06th, 2013 at 7:43 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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The bar may be liable for your friend's injuries because in your full statement of facts you wrote that the person that cut your friend's face was banned from the establishment but the bar's staff was not enforcing the ban. You stated the attack was caught on video, which is helpful. Your friend should contact an injury lawyer to discuss his case.
Answered on Dec 06th, 2013 at 7:43 PM
4 Awards
Criminal charges have to come from the police or prosecutors office. A civil case, is a different story. Based on the information provided, there is little doubt that a case can and should be filed against the bar. They clearly had notice of this person being a problem, established a policy about this person and then failed to enforce it. You need to make sure that the security tape is preserved. He should hire counsel familiar with liability cases based on the failure to protect a patron from attacks by third parties. I hope that your friend makes a quick recovery from the injuries.
Answered on Dec 06th, 2013 at 7:43 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the patron was known to have violent tendencies, and had been "barred" by the bar/restaurant, but they did not keep him out of the place, then it's worth a shot to sue the bar. However, if the reason the guy "came charging out" was because he had just entered and the bouncer/manager at the restaurant/bar had just told him to leave in keeping with their decision to bar him, then I don't think you could win that case. An establishment like that has a duty to provide a safe place for patrons, but it does not guarantee that no one will ever be hurt. The answer to your question would be very fact-specific, and you may wish to consult with a good personal injury attorney with whom you could have a dialogue about all of the facts.
Answered on Dec 06th, 2013 at 7:43 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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You state the bar had "barred" the assailant from coming onto the premises and then ignored its own rule. It is possible that a viable case could be made against the bar under such circumstances.
Answered on Dec 06th, 2013 at 7:43 PM
James Eugene Hasser
Criminal charges should be pressed against the patron. Be sure to insist on restitution being made part of any sentence imposed. The bar may be liable. Consult an experienced personal injury lawyer. Good luck.
Answered on Dec 06th, 2013 at 7:43 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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There may be liability for the bar under the facts of the case, but your friend is not likely to ever get a dime from them without legal help. He needs a lawyer. Good luck.
Answered on Dec 06th, 2013 at 7:43 PM