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Can Someone Injured In A Bar Incident Sue The Bar?

10 December 2020 by Daryl Young

Unsurprisingly, one of the consequences of ending up in a bar incident is that a person may have serious injuries. It's normal to assume that if anyone involved in the incident might be able to sue anyone else, it would probably be a victim suing an aggressor. However, there are some scenarios where an injury lawyer may consider suing the bar.

Bar Employees Contributed to the Assault

The bouncer at a bar isn't always a bystander. It's common for bouncers to intervene, and some do this before they understand what's really going on. Likewise, bouncers occasionally participate in violence because they know one of the people involved in an incident.

A bar has a duty to minimize how much its employees contribute to assaults. Where possible, a bouncer should try to de-escalate a situation. If they can't, they should contact the police and let the professionals sort it out. To the extent a bouncer may have to get physical, they should only do enough to get the situation under control and protect patrons.

Likewise, bouncers should not follow problems off the property. Once the incident moves off the bar's property, it's time for them to disengage.

Just as a store is responsible for protecting shoppers from spills caused by their employees, bars have the same responsibility. If a bouncer's conduct contributed to the situation or was the focus of it, a personal injury lawyer may sue the business.

Duty to Protect

Presenting a setting as safe raises the standard for liability if something goes sideways. If a bar is holding an event that's known to attract a rowdy crowd, a reasonable person would expect the business to take measures to mitigate the risks to patrons. This might include weapons searches, screening for known problem customers, limiting attendance, and hiring more security. Generally, these cases require some evidence that the nature of the crowd was known before the event was scheduled.

Negligent Security

Anyone who knows the bar scene is aware that some places have reputations for bad things happening. If a bar has become that place, a personal injury attorney might assert the business should have done more about it. An injury attorney might assert this applies even if an incident occurred on a slow night with no events. The argument is that a location becomes known to locals and law enforcement as a place where brawls occur, and consequently, a reasonable person would add security. Failing to do so may lead to liability for the business if a patron is hurt in an incident. See if you have a case by contacting a local law firm like Todd East Attorney at Law today. 

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