If you’ve been injured in a club, bar or restaurant, you may be able to seek compensation from the business for your losses, bills and pain and suffering. There are different theories of liability and different elements that you need to prove depending on the circumstances of how you were injured.
If you were injured in a slip/trip and fall, you can sue the business under the theory of Premises Liability for the business’ negligence in creating and/or allowing a dangerous condition to exist and remain on their property, without proper warning of the danger, which in turn led to your injury.
If you were injured by another patron at a club, bar or restaurant, there are multiple theories that your attorney will investigate to hold the business responsible for your injuries. If alcohol played a part in the assault, a business has a legal responsibility not to serve patrons who are already visibly intoxicated. If the employees do sell or somehow give alcohol to a patron who is already visibly intoxicated, the business may be held responsible for injuries caused by that intoxicated patron. A business may also be held responsible for your injuries if they were negligent in providing proper or adequate security, given the nature of the establishment. Businesses such as clubs and bars have a responsibility to provide a safe environment for their patrons and if the nature of the establishment or past incidents make it foreseeable that someone could be injured by another patron, the business must provide adequate security for patrons’ safety.
If you were injured by the overzealous or violent actions of a bouncer or security guard, the business may be responsible for that guard’s violent actions and, in turn, your injuries. If the guard injured you while working in the scope of his/her employment, the business may be vicariously liable for that guard’s actions. Restatement (Second) of Agency § 219. If the guard was acting outside the scope of his/her employment, the employer/business can still be held responsible through a theory of Negligent Hiring and/or Negligent Security. If investigation reveals that the employer did not do proper background checks of the security guards or bouncers who were hired to ensure the safety of the patrons, the employer may be held responsible for the actions of a guard who has prior criminal convictions and should never have been hired to protect others. Further, if there were prior violent incidents with the security guard who injured you, which would make future incidents foreseeable, the employer can be held responsible for your injuries.
If you or someone you know has been injured in a club, bar or restaurant, please contact the Trial Attorneys at McMonagle, Perri, McHugh, Mischak and Davis to get the compensation you deserve.