Can I Sue a Bar or Nightclub For Assault?Last updated on: September 20, 2022
If you have been injured during a fight in a bar or nightclub, you may be able to bring a lawsuit against the business. The combination of alcohol, loud music, and crowdedness is conducive to an aggressive and threatening environment. If you suffered an injury at a bar or nightclub, a personal injury attorney could help you report the accident and preserve your legal claims.
Based on the facts of the case, you may be eligible to receive compensation for your medical expenses, lost wages, pain, and suffering, and much more. After being attacked in a bar or nightclub, a personal injury lawyer can help you understand what’s next.
This article will cover your legal options after being a victim of an assault in a bar or nightclub. If you have any questions, contact the personal injury lawyers from Zinda Law Group at (800) 863-5312 for free.
What To Do After Being Assaulted in a Bar or Nightclub
Seek Medical Attention
Bars and nightclubs are chaotic, noisy settings that make it hard for bystanders to recognize whether you or another injured person requires medical attention. Getting the necessary medical attention is critical after an injury for two reasons. First, injuries can worsen due to lack of treatment, and second, it is an opportunity to report the incident and document your injuries.
After being victim to an assault, your adrenaline will be pumping, and you may not be able to recognize the severity of your injuries. Getting a medical examination gives you the best chance for a full recovery. If you were not treated on the night of the assault, visiting a doctor, and receiving a diagnosis is the next best thing to do.
Report the Assault
After your medical needs are tended to, the next step is to focus on protecting your potential legal claims. This involves reporting the assault to the owner of the establishment and contacting local law enforcement. Reporting the assault is critical to the preservation of evidence because it begins the documentation process and limits the opportunity for security footage or physical evidence to be destroyed.
If you are returning to the scene to talk with the manager, it is a good idea to contact law enforcement and have them be there while you conduct your personal investigation. Going to the bar, talking with the manager, and filing a police report gives you the chance to officially document the assault and collect the evidence needed to prove your claims.
Document the Assault
This is a step that needs to be kept in mind along the way so that you can recall all the relevant information needed for building a case. Document all the information that you have about the assault after reporting the assault and as you continue to collect evidence.
When it comes to personal injury cases, it is better to be overprepared and have more information than you need. By having contact information, lists of witnesses, medical records, and receipts from the damaged property you can provide your attorney evidence that they can use when trying to prove your claims.
Contact a Personal Injury Lawyer
You do not have to handle the aftermath of an assault alone. Doctors are there for your medical needs, and personal injury attorneys are there to assist you in seeking legal recourse. An attorney can inform you of your legal rights and how much a potential lawsuit could be worth.
To speak with a personal injury attorney who can inform you of the next steps in filing a personal injury claim for assault, contact Zinda Law Group at (800) 863-5312. Our personal injury lawyers can assess the facts of your case and determine your chances for financial recovery. Call us today and one of our team members can schedule your free consultation.
Who is Liable For My Nightclub Attack Injuries?
In addition to the person who assaulted you, there are multiple parties who may be legally responsible for the incident. Other people may be connected to the assault in a nonobvious way. For example, if a patron of a bar or nightclub assaulted you after being irresponsibly served alcohol, the bar or nightclub may also be responsible for your injuries.
Can I file a suit if there are pending criminal charges?
Assault is often criminally prosecuted but that does not prevent you from filing a personal injury claim for compensation. In other words, even though the person who assaulted you may be facing criminal penalties, you are still able to file a civil action against them to recover damages associated with your injury.
How Can You Sue A Bar or Nightclub for Assault?
Personal injury claims against bars or nightclubs are typically based on negligence. Negligence refers to one’s failure to exercise ordinary care in light of the circumstances. For example, if a club owner hires an aggressive bouncer who has a history of assault, the club owner’s failure to screen employees may be considered unreasonable in light of custom hiring practices.
Based on the facts of your case, different types of claims may be brought, including:
Premises Liability Claims
Whether you can demonstrate that the business failed to offer a safe premises for you as the customer will determine whether your premises liability claim is successful.
Dram Shop Liability Claim
Dram shop laws allow for civil claims to be brought against an alcohol provider who irresponsibly served alcohol to the person that assaulted you. If a bartender failed to monitor their customer’s alcohol consumption or served alcohol to a minor, and that customer went on to assault you, you may have a viable dram shop liability case.
How To Prove Your Case After Being Assaulted at a Bar or Nightclub?
Make sure you have the evidence necessary to demonstrate that the bar or nightclub violated its duty to maintain a safe environment before bringing a negligence claim. You must demonstrate how the establishment’s actions or inaction contributed to the harm that was caused to you.
In addition, damages must also be demonstrated. For this reason, it’s important to keep track of all expenses related to the treatment of your injury. Lost pay and the expense of replacing any destroyed property would also fall under this category.
Need Help? Contact Zinda Law Group Today
Zinda Law Group combines the resources of a large, nationwide firm with the individualized attention and localized legal knowledge of a smaller boutique operation. Our personal injury lawyers work hard to get to the bottom of any case involving an assault at a nightclub, and we work with victims to help them get the compensation that they deserve.
Dealing with the aftermath of a bar assault can be incredibly difficult. Perhaps the most important thing to remember is that you do not need to go through this alone. The personal injury lawyers from Zinda Law Group are ready to hear your claims and can help you deal with the legal burdens of your injury. And you won’t pay us anything unless we get a judgment in your favor – that’s our “No Win, No Fee Guarantee.”
Call Zinda Law Group today at (800) 863-5312 for a 100% free consultation.