Bar Fight

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Latest post 06-14-2007 6:09 PM by LynnM. 7 replies.
  • 06-12-2007 11:50 AM

    Question [=?] Bar Fight

    My 21 year old Daughter was assaulted at a bar by 2-3 other patrons one night while out with "friends".

    According to a couple of employees (witnesses) she did nothing to provoke the assault. Nor did any of the other patrons or employees do anything to stop it or assist her.

    The beating was severe enough to leave her unconcious for 8 days in ICU of the hospital, and with motor skill damage for who knows how long.

    My question is, doesnt that establishment have a responsibility to ensure the safety of its' customers?

  • 06-12-2007 1:01 PM In reply to

    re: Bar Fight

    "doesnt that establishment have a responsibility to ensure the safety of its' customers?"

    Places of public accommodation have SOME duty to protect their patrons, but there is certainly no absolute duty. It would be impossible to discuss this subject fully on an Internet message board, but suffice to say that the bar's duty does not require its employees to put themselves in harm's way by interjecting themselves into a fight.

    When your daughter is well enough, she certainly can consult with a local attorney (or you can try and line one up for her).
  • 06-12-2007 1:04 PM In reply to

    re: Bar Fight

    Not really. The people to sue are the people who beat her up.
  • 06-12-2007 2:11 PM In reply to

    re: Bar Fight

    That is my next move, however being the scum of the earth that they are (only 1 in custody) I'm not sure what I'd sue for?

    Why is it that the bar can't be held liable for the damage? Especially if they noticed some kind of conflict before the incident? One bartender stated that "something" (conflict) occurred right before they exited (at her request), however the OWNER stated he (they) knew nothing, and didn't want to get involved.
  • 06-12-2007 5:12 PM In reply to

    re: Bar Fight

    "That is my next move, however being the scum of the earth that they are (only 1 in custody) I'm not sure what I'd sue for?"

    YOU don't sue anyone. Your daughter is the only person with standing to sue, and she's an adult. All you can do is help her find a personal injury lawyer. Whether the persons who beat her up have income and assets sufficient to justify the cost of suing is something we obviously can't know.

    "Why is it that the bar can't be held liable for the damage?"

    No one said the bar couldn't be held liable. We merely answered your question about such establishments having a duty to "ensure" their customers' safety.

    The general rule of American tort law is that persons are liable for their own conduct, but are not GENERALLY liable for the conduct of others. Here, your daughter wasn't beaten up by bar employees. Rather, she was beaten up by other patrons. That being the case, we start with the premise that the bar isn't liable, and it's up to the person making the claim to come up with a reason why the bar should be liable for the criminal conduct of some third persons.

    Nothing in your initial post suggested any basis why the bar should be liable, but you've now given us some more facts to go on.

    "Especially if they noticed some kind of conflict before the incident?"

    I assume "they" refers to employees of the bar. That may establish that the bar had some duty to do something. What that duty might have been depends on what "some kind of conflict" means, when it was noticed, and who noticed it.

    "One bartender stated that "something" (conflict) occurred right before they exited (at her request)"

    I don't know whom you're referring to with the pronouns "they" and "her" in this sentence, and, again, "something" is ambiguous. However, if the assault on your daughter occurred OUTSIDE the bar, that may change the analysis quite a bit -- particularly if the "her" in the above sentence refers to the bartender, and you're saying that the bartender requested that the persons who assaulted your daughter leave the bar. That alone may discharge any duty the bar may have had.

    "the OWNER stated he (they) knew nothing, and didn't want to get involved."

    When did he say this? At what point in time did he "know nothing"? And what does "he (they)" mean?

    As you can see, this is a VERY fact-intensive inquiry. That's why I previously suggested that your daughter consult with a personal injury lawyer when she is able. A lawyer can review the police report (I assume there was one) and any witness statements that may have been taken, and also speak with some of the witnesses. Only when a lawyer has fully investigated the available facts would it be proper to opine about a possible claim against the bar.
  • 06-13-2007 1:38 AM In reply to

    More [=+=] re: Bar Fight

    The scum of the earth that injured your daughter won't have any money, but include them in your suit.

    The more promising case is against the bar owner but the liability is a tougher to prove. You will need and expert witness to prove negligent security or premises liability.

    In the meantime the owner's carrier will pay a tiny fraction of your daughter's med bills through its med pay no fault coverage--which is generally 10K or less in commercial policies.
  • 06-13-2007 12:38 PM In reply to

    re: Bar Fight

    "That is my next move...."

    You mean that's your daughter's next move. You don't have a legal dog in this fight.

    "Why is it that the bar can't be held liable for the damage?"

    No one's saying they can't; your daughter needs to talk with a local PI attorney.

  • 06-14-2007 6:09 PM In reply to

    re: Bar Fight

    Simple - the bar didn;t start the fight. Why should they be responsible for the actions of people over whom they had no control?
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