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The simple answer to this question is yes, you can. With the help of an experienced bar and club injury lawyer, you can hold a negligent bar or club accountable for your injuries. However, before filing a claim against a club or bar, there are certain things you need to know about these kinds of cases. We will discuss most of them in this article.
When Can You Sue a Club for Injury?
Every year, millions of people visit nightclubs all over the United States. It is common knowledge that the combination of alcohol and people can sometimes be dangerous, raising the need for lawsuits. Sometimes, certain injuries occur even in the absence of alcohol. Here are examples of situations when filing a lawsuit against a bar or nightclub may be necessary.
Premises Liability Injuries
When you visit a bar or club, the management owes you a duty of care unless you visit the premises illegally. Most people visit bars and nightclubs to catch up with their friends and simply have a good time. The last thing you expect when you visit such premises is to wake up in a hospital many hours later. But, sadly, these incidents happen all the time.
Slip and Fall Injuries
Sometimes, these accidents occur due to the management's negligence. For example, you expect the bar management to keep their bathroom floors clean and safe at all times. So if you or your loved one slips and falls on a slippery floor at the bar or club, this could be a premises liability case.
An experienced slip and fall attorney can help evaluate your case and investigate the injuries and damages. The lawyer will then file a claim with the bar's insurer.
Malfunctioning Equipment
It is the management's responsibility to ensure that bar equipment functions properly. A good example is a broken bar stool. If you sat on such a stool and fell because it did not have the required support or was missing a leg, this could be a sign of negligence.
Injuries Caused by Bouncers
Many people think bouncers must be aggressive when a customer conducts themselves in an unacceptable manner. But that is not necessarily true. In fact, most states do not allow bouncers to be aggressive with customers for any reason. Instead, calling the police is the best they can do in such a scenario.
While most bouncers are good people, some abuse their powers while on shift. There have been countless cases all over the United States of bouncers roughing up customers at nightclubs. Some of these incidents have led to serious injuries and tragic loss of lives.
In 2021, a Louisville man died following an altercation with a bouncer at a nightclub. Another man died in hospital a week after being punched by a bouncer at a nightclub in Philadelphia.
The primary role of a bouncer in a nightclub is to provide a sense of calm, reason, and direction. This is especially important in places where alcohol is involved. Because many people fail to make the right decisions when under the influence of alcohol, bouncers are required to be the voice of reason. So when a bouncer threatens you or assaults you, you may be able to sue them or their employer, in this case, the bar.
The only time a bouncer might be able to touch a patron is:
- When doing so as self-defense
- When a patron commits a crime
- When a patron assaults another patron
Sometimes, it may be necessary to sue the bar's management for failure to provide adequate security. Here is an example of such a situation.
A fight breaks out at a local bar with a sitting capacity of 300. Only one bouncer is on shift during the fight. As a result, many patrons suffer severe injuries. This could be a case of negligence on the bar owner's side. Under normal circumstances, such a bar should have enough security personnel to handle such incidents. But some bar owners may not realize the importance of hiring enough security personnel until such an incident happens.
Some bars may be understaffed as a cost-cutting strategy. But, in the event of a lawsuit filed due to lack of sufficient security, a form of negligence, the legal costs involved may be higher than the costs of hiring extra security personnel.
It is also important to note that you may be able to file a claim against the bar even if you were not directly involved in the fight. For instance, suppose a flying object hit you during the fight, causing severe injuries. In that case, you may be able to sue the bar for the injuries sustained and other damages.
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