Nightclubs and bars are fixtures in many communities across California. Even small towns that dot the highway between major metropolitan areas will usually have at least a small bar or tavern that serves as a community gathering spot for locals and out-of-towners alike. As most adults can attest, though, when alcohol begins to flow sometimes patrons of these establishments can make short-sighted decisions that cause injuries to innocent bystanders. Fistfights, knife-fights, shootings, and injuries from thrown objects are just a few of the dangers that exist in bars and nightclubs.
Have you or a loved one been injured while at a bar, nightclub, or other similar establishment? Have you sought medical care or treatment for a cut, broken bones, or other injuries? If so, you may be able to file a premises liability lawsuit and obtain compensation from the owner and/or operator of the nightclub or bar to help you address your losses and expenses.
What Duty Does a Bar or Nightclub Owe Its Patrons?
In California, anytime a business owner opens his or her doors to the public and invites members of the public to enter onto his or her property for business or personal purposes, that business owner has a legal obligation to make sure his or her property is reasonably safe for the public. Where dangers such as slippery floors or rickety stairways are discovered, the business owner has an obligation to expend reasonable resources in correcting these dangers and making his or her property safe.
Assaults and other violent activities are a danger of which owners ought to be aware and should be prepared to address. Even a club or bar with no prior history of violent incidents ought to be aware of the potential that such events can happen on any evening the club or bar is open for business. Sadly, few California nightclubs and bars are adequately prepared for these events:
The bar or nightclub may have allowed more people into the establishment than is permitted by applicable laws and regulations, thereby increasing the likelihood that a violent event will occur;
The bar or nightclub may have admitted individuals onto the premises when these individuals are known to have violent tendencies or have caused issues for other establishments in the area;
The bar or nightclub may not have hired adequate security (or properly vetted its security company and/or officers before hiring them) in order to monitor the property and prevent acts of violence from occurring;
The bar’s or nightclub’s parking lot may not have been adequately lighted so as to dissuade crimes from occurring in those areas.
Why are the Facts Important in My Bar or Nightclub Assault Case?
Successfully recovering compensation for your bar or nightclub assault injuries is significantly dependent upon the facts and circumstances of your specific case. This is because the “reasonable measures” a bar or nightclub must take in order to safeguard its patrons will depend on numerous, case-specific factors such as:
The financial resources of the bar or nightclub;
The amount of violence experienced by the bar or nightclub and/or in the surrounding neighborhood;
Any complaints the nightclub or bar has received from patrons and/or neighbors;
The lawful capacity of the bar or nightclub and how many people were present in the establishment on the night of your injury incident;
Whether security officers were present and, if so, how many were present and their credentials;
Whether the bar or nightclub was sponsoring any performance or event on the evening of your injury accident that would have increased the likelihood for violence; and/or
Other relevant factors.
In analyzing the facts and circumstances of your case, your attorney will need to locate and speak with witnesses, some of whom may be other patrons present on the night of your injury, the owner(s) of the establishment, first responders or law enforcement that responded to the scene, as well as emergency room doctors and others who treated you for your injuries. Evidence that may be useful in your case can include photographs and diagrams of the club or bar, your medical records, police reports, written witness statements, and any security camera footage from inside the establishment.
Retaining legal counsel to represent your interests following a nightclub or bar assault in California is crucial, because many important witnesses and/or critical pieces of evidence can quickly become lost and unavailable if too much time passes.
What Should I Do After a Nightclub or Bar Assault?
If you find yourself injured by an act of violence while patronizing a bar or nightclub, the following steps can not only help ensure your wounds and injuries are properly treated but also help ensure your legal rights and protected and preserved so that you might be able to obtain prompt a