Can You Sue a Club For Injury - morgan and morgan
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Can You Sue a Club For Injury?

Can You Sue a Club For Injury?

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Can You Sue a Club For Injury?

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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FAQ

Morgan & Morgan

  • How Do I Go About Suing Bars for Serving Alcohol Recklessly? 

    One of the biggest benefits of working with a personal injury attorney is that they know to add the dots together when investigating your case. A good example of such a scenario is a car accident caused by a drunk driver. Typically, the victim of such an accident might be able to file a claim against the negligent driver's insurer. But there are times when more than one party may be liable for the injuries. 

    In the case of an accident caused by a drunk driver, an experienced attorney can help maximize their client's claim by thinking outside of the box. In other words, the car accident lawyer will establish whether it is possible to sue other parties for the injuries. And in some cases, the bar that served alcohol to the at-fault driver might be held liable for the injuries. 

    Most states do not allow bars to sell alcohol to patrons who are already intoxicated. Despite these dram shop laws, some bars put profits over their patron's safety. As a result, the bar's management can be held responsible if the attorney establishes that they continued to serve alcohol to the driver even when they knew or should have known that the driver was intoxicated.

  • How Do I Sue Bars for Failure to Manage Foreseeable Problems?

    Accidents happen without warning. But in some cases, they occur due to negligence. Take a look at a nightclub as an example - if it has a solid history of fights, you expect the club to do something about it. Some of the steps such a nightclub could take to prevent fights and other similar incidents include:

    • Hiring additional security
    • Hiring off-duty police officers
    • Securing certain objects and furniture that could be used as projectiles during a fight
    • Not serving alcohol to patrons who are visibly intoxicated 
    • Hiring patrol officers to patrol the club's premises

    Since premises liability cases vary from one individual or club to another, there is no one-fits-all approach to providing safety. However, you expect that particular establishment to do whatever it takes to ensure their patrons are safe. 

    If that does not happen, you may be able to file a claim if you or your loved one got injured at the club. That brings us to the next point.

  • What Can I Do if Injured in a Club or Bar?

    The steps you take after such an injury could make or break your claim. Although every incident is unique, here are some basic steps to guide you:

    Get Proper Medical Attention

    This step is important if you have suffered significant injuries. First, call 911 if necessary and request an ambulance. If you cannot do so, ask anyone around to call 911. 

    Consider seeing a doctor even if you have not suffered any visible injuries. You want to be sure that you are fine after an incident. Your doctor will conduct various tests and scans to establish whether you suffered any internal injuries. These kinds of injuries are very serious because they usually stay undetected for a long time. For this reason, the sooner you seek medical attention, the better for your health. Furthermore, you will not convince the insurance company that you got injured if you fail to seek medical attention. 

    Report the Incident

    The establishment's management needs to know what happened. Again, the sooner you do it, the better for you because these cases are time-sensitive. Most states have a deadline for notifying such establishments about the injury or filing a claim. Do not waste time - this could jeopardize your claim. 

    Collect Evidence

    Did anyone take pictures or videos of the incident or dangerous condition that led to your injuries? If so, you may need to obtain them as evidence. In addition, collect the contact information of any witnesses to the incident. Your attorney might contact them when investigating your claim and building a solid case against the negligent party. 

  • Contact a Bar and Club Injury Lawyer

    A bar and club injury attorney will fight for you. Remember, given that these establishments serve alcohol to their patrons, the management has several options to defend themselves in case of a lawsuit. For example, if you slip and fall at the premises, injuring your back, the management could claim that the incident occurred because you were intoxicated, although they did not serve you alcohol beyond the legal limits. You will then be responsible for proving that you slipped and fell due to exposure to a dangerous condition, such as a wet floor, and not because you were intoxicated.

    The same case applies if you got injured in a fight. What if you were defending yourself? Because you were drunk, the defense could find ways to blame you for the incident while freeing themselves from any liability. That is one of the many reasons you need an experienced bar and club injury attorney to fight for you when no one else believes you.

  • How Can The Morgan & Morgan Bar and Club Injury Lawyers Help?

    Even though it is important to work with an attorney if you or your loved one has been injured in a bar, the choice of attorney will influence your claim. Choosing the wrong attorney could jeopardize the entire case. 

    At Morgan & Morgan, we have been fighting for injury victims all over the United States for over 30 years. Our experience is unmatched when it comes to handling personal injury cases. The last thing you want is to work with an attorney who considers your case an experiment. But when you work with us, you can rest assured that your case is in safe hands. 

    Our injury law firm also consists of over 800 injury attorneys. We have the right team of attorneys to fight for you, whether it is a slip and fall case, parking lot accident, construction negligence, product liability, or anything in between. Remember that nightclub accidents occur in many different ways, which explains why it is important to have a law that can handle all these scenarios. 

    Lastly, we have the resources to fight for you. As mentioned before, bar injury cases are complex. Because alcohol is involved, you may be blamed for injuries you are not responsible for. Therefore, you need a law firm that will deploy its best attorneys and equip them with powerful resources to build a strong case against the negligent party. 

    If that is what you or your beloved is looking for, Morgan & Morgan is the injury law firm you need. Fill out our free case evaluation form today, and let's discuss your case. 

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