Compensation For Injuries From Assault In A Nightclub Or Bar
Many Angelinos enjoy LA’s thriving nightlife. You can enjoy an evening of dancing, dining and drinking, mingling with friends, and making new ones. We go to nightclubs expecting to have a good time and escape the pressures and stress of our weekly schedules.
What we don’t expect is to be caught in the middle of a dangerous situation and risk serious injury. An altercation gets out of hand or innocent bystanders get hurt. Those injuries create a different set of pressures and stress, creating financial hardships in addition to physical and emotional trauma.
Is the nightclub legally accountable?
If you feel the bar or nightclub is at fault for an assault or any other injury, the Law Offices of Michael D. Payne can explore your possible premises liability lawsuit. We take cases throughout the Los Angeles area. Call 1-888-627-5474.
The Responsibility Of The Nightclub To Its Patrons
It’s no secret that nightclubs in the LA area are characterized by a high rate of brawls, fighting and other types of violence compared to other venues. Even if you are not participating in an altercation that has developed, you can still be injured simply because you are too close to the action. The responsibility of a nightclub is to ensure that everyone inside and outside of the property will be safe while they are there. Therefore, the role of security is to protect patrons and prevent these situations from occurring.
Bouncers and other security personnel are responsible for breaking up any brawls or fights that occur as well as escorting aggressively disruptive and inebriated individuals off the premises in order to protect those individuals who are there to have a good time.
If you are assaulted or get attacked and the bouncers or security personnel could have prevented this yet did nothing to protect you, you may be able to sue the owner of the nightclub for damages. Furthermore, if you were injured by a bouncer or security personnel, you may be eligible for receiving compensation for your injuries. Our lawyer talk to you and help determine if you have a viable case.
Who Are The Responsible Parties?
In most instances, when a fight breaks out, you are at high risk of being injured, especially if you are in close proximity to the altercation. In most cases, one or a combination of the following individuals will either be the cause of your injuries and/or be responsible for them:
- Bartenders and wait staff
- Bouncers and other security personnel
- Club manager and owners
- Club patrons
As a bystander, you can get drawn into the altercation and injured when bouncers or security personnel attempt to break up the fight or move it outdoors. As a result, you could be hit, kicked, punched or shoved in the process and incur injuries that can range from only minor to extremely severe.
Understanding California Premises Liability Law
The body of law that pertains to those individuals who are responsible for injuries to other persons who are present on the land, property and premises that they own when said injuries occur is referred to as premises liability law. Bars, discos and nightclubs are similar to other types of businesses (e.g., grocery stores, hotels, retail establishments, etc.) in that the owners of these businesses can be held responsible should another individual or individuals be injured while on their property.
Nightclubs and their owners can be found liable for any injuries to guests that have been caused by negligent employees under premises liability law and theory. When a fight breaks out in a nightclub, innocent bystanders are oftentimes hurt during the skirmish in one of two ways. Either they are assaulted by an employee who mistakes the individual for a participant in the fight or a bouncer/security person was negligent during the altercation. In either situation, these individuals are not immune to a personal injury claim.
According to the Legal Dictionary, an assault is any intentional act that creates apprehension or puts another individual in fear of harmful or offensive contact. Basically, it is the threat of bodily harm coupled with the presence of the ability to cause that harm. Under normal circumstances, bouncers and security personnel are never allowed to make any physical contact with the club’s patrons. They can only get physical if they are forced to defend themselves from an unruly (usually inebriated) individual.
How An Experienced Personal Injury Lawyer Can Help You
In these situations, you will probably have good cause to sue the nightclub and its owner for your injuries and receive compensation for medical expenses, mental anguish, pain and suffering, and time missed at work while you are healing. This is not the time to consult with your basic personal injury lawyer. These circumstances require the experience and expertise of an attorney who has successfully sued businesses such as nightclubs for negligent security.
Contact Us For Help
If you are interested in obtaining more information regarding your personal injury case, call Law Offices of Michael D. Payne at 1-888-627-5474 or contact us online. We offer free initial consultations and handle cases on a contingency fee – no recovery, no fees. We have four offices throughout Southern California.