There are plenty of times when a bar is a fun, festive place to be. Sometimes, however, when certain conditions are in place, bad things can happen, and people can get hurt. But is a bar responsible just because the injury occurred there? While the circumstances surrounding every case are unique, there are, indeed, some scenarios when the owner of such an establishment can be found liable for injury or death:
Bar Fights
When a bar fight happens and one or more people are seriously hurt, a bar may claim that they had no control over the patrons and, thus, could not predict or prevent a brawl. However, if the business had a history of prior incidents, or there was a need for security measures that went unaddressed or under-addressed, the bar could be found at fault for what is commonly referred to as “negligent security.”
The test is whether the harm that occurred within the premises was foreseeable, and if it was, whether the business took reasonable precautions to prevent such harm from occurring. Courts determine this by looking to see if past activity on the premises would give a defendant business owner notice of the potential danger to the invitee. In the case of Moran v. Valley Forge Drive-In Theater, Inc., 246 A.2d 875, 879 (Pa. 1968), the Pennsylvania Supreme Court noted that the defendant drive-in theatre had twelve incidents of violence or “rowdyism” by patrons on its premises within the prior two years. Therefore, they were aware of and on notice that there was a dangerous condition that could injure patrons on their premises. Because the business did nothing to address this danger, and the plaintiff was injured by other patrons while in the theatre bathroom, a jury could rightfully and legally hold the business liable for the plaintiff’s injuries and damages.
This is just one example of the application of the theory of Premises Liability: in essence, the negligence of the business 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 the injury. Other circumstances can also allow you or a loved one to hold a business responsible for injuries that occurred on or near their premises.
Driving Under the Influence (DUI)
Bars have 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 if they get behind the wheel and are involved in an accident.
Activity Hazards
That mechanical bull looked fun in the movie, but in person – not so fun. Injuries that result from an activity on the premises, such as rides, amusements, darts or even pool tables, can sometimes be traced back to the owner not maintaining a safe environment for patrons.
Missing or Limited Exits
Sometimes, bars may block interior or exterior doors to manage crowd flow. However, in an emergency, if patrons cannot quickly and safely access exit doors, bodily injury can result. Even a lighted exit sign that is malfunctioning could be a contributing factor, and something the owner must answer for.
Burns
Flammable décor, special effects for a performance, flaming drinks, even hot food spilled on a patron can cause pain, suffering, or even permanent disfigurement.
These cases are often complex, and a plaintiff can benefit from an experienced law firm well versed in premises liability and personal injury. If you have been injured in a bar or club in Pennsylvania, and would like to talk about your legal options, contact us today.