QUESTION
Is the bar reponsible if my nephew was attacked?
Asked on Apr 26th, 2011 on Personal Injury - New York
More details to this question:
My nephew and his friend were jumped at a bar after my nephew's friend accidentally stepped on a guy's shoe. The guy and his friends attacked my nephew and his friend, punching them both, then they all left the bar. The bar's staff did nothing to help and let the guys walk out. Then when my nephew and his friend were on the way to their car to leave the bar, the guys jumped them again, this time kicking them, punching them, and choking my nephew's friend. They both had to go to the hospital and were there for several days. There were bouncers from several bars who were outside watching the fight but did nothing to help my nephew. Can the bars (at least the first one where the fight happened inside) be held accountable for not stepping in and calling the police after my nephew was attacked in their bar?
6 ANSWERS
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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The bar may have some exposure. But it will be hard to prove that they caused the intentional act,unless you can show more as to what they did wrong to cause the attack to occur, in the first place. But you should discuss with an attorney who is not afraid to handle difficult cases.
Answered on Apr 29th, 2011 at 2:21 PM
Herbert Farber
When a person is attacked or injured on another's property, there may be a claim for negligent security. In the case of a hotel or nightclub, their may be recover against property owners for foreseeable criminal acts by third parties.
Consult with a qualified Washington personal injury attorney.
Answered on Apr 29th, 2011 at 12:58 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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It is possible the bar could be held liable depending on how much they knew of the first altercation inside the bar.
Answered on Apr 28th, 2011 at 5:14 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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A bar can be held liable if it is negligent in not providing sufficient security. You often have to show that fights are frequent there so that the bar is on notice that security is needed. The fact that bouncers were present who did nothing could be important.
Answered on Apr 28th, 2011 at 3:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Clubs must have adequate security. That is the first question. Did they? If the bouncers stood and watched perhaps the club can be held responsible. I don't believe you can buy insurance for this type behavior and this could be a problem. Was your nephew hurt bad and just have hurt feelings? Obviously he can have them all arrested for assault and should.
Answered on Apr 28th, 2011 at 12:14 PM
Theodore W. Robinson
Hello, There is a law called the "Dram Shop Act" which holds a bar responsible if someone that was already intoxicated was served more alcohol and then that person went out and caused damage due to their additional intoxication. That's a very heavy burden to carry in any law suit. Although some law firms may sue the bar for the injuries, it's not likely you would collect for such a thing, Good luck.
Answered on Apr 28th, 2011 at 12:08 PM