Can I Sue a Nightclub for Injuries Sustained in a Bar Fight?
People work all week so they can get to the weekend. The weekend is when you can go out with your friends and let loose. Charlotte has so many great night spots to check out, it’s hard to choose. But what happens if you end up somewhere and a bar fight breaks out?
Sometimes these fights are sparked by something as simple as a baseball game. Other times it’s over a girl or guy hitting on someone’s boyfriend. It doesn’t really matter how it starts. If you get hit in the crossfire, you’re going to suffer some pretty serious injuries.
When people are drinking, they don’t act like themselves. The littlest thing can set them off. Once the beers start flowing, anything can happen. You could be minding your own business when, all of a sudden, a beer bottle gets smashed over your head. Or someone’s fist comes flying and nails you right in the face.
There are dozens of reasons why a bar fight could break out. If you’re the one who gets hurt, you’re going to be upset. You’ll want to hold someone accountable for your injuries. This is when you need to call a Charlotte personal injury lawyer.
Bars are Responsible for Fights on Their Property
When it comes to a bar fight, it’s hard to say who’s responsible. Obviously, the people involved in the fight are directly responsible. Whoever threw the punches or beer bottles are clearly at fault. But, what about the other people? Shouldn’t they take responsibility for letting their customers get out of hand?
Generally speaking, bars and nightclubs do owe their customers a duty of care. When a place serves alcohol, they need to be mindful of how drunk their patrons are. Bouncers and management have a responsibility to keep things under control. When they don’t do this, they may be deemed negligent.
Your Charlotte personal injury attorney will have to prove the following in order for you to recover:
- The nightclub owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the breach
Clearly, a nightclub owes you and other customers a duty of care. The question is – how do you prove that they breached this duty?
Bar Owners May Be Responsible for Your Injuries
In order to prove a club owner breached his duty of care, you have to turn to the facts. What happened? How drunk was the person who caused the fight? And, finally, should management have known he was drunk?
If a bar overserves someone, chances are, they’re going to get drunk and out of control. Not everybody is a happy drunk. And, once the fight started, the bouncers have an obligation to break it up and protect other patrons. If they don’t do this, the bar can be held liable for any injuries that ensue.
There are a few exceptions when the bar owner would not be liable for your injuries:
- The fight was agreed upon by the parties
- The fight took place off-property
- You started the fight
You may have a claim for damages. If you’ve been injured in a bar fight in Charlotte, you should call a personal injury lawyer.
How Can a Charlotte Personal Injury Lawyer Help?
The good news is, Charlotte personal injury lawyers know the laws when it comes to bars and nightclubs. They know that the bar can be held responsible for any injuries that take place on their property. The question is whether or not they could have foreseen the fight taking place.
Bartenders know how many drinks they’ve served each customer. Even if they don’t know the exact amount, they can tell when someone’s had one too many. Management and security also need to keep an eye on their customers. When they see someone getting out of hand, they owe everyone a duty of care.
A lot of clubs take certain measures to prevent their customers from getting hurt. For example:
- They serve all drinks in plastic cups so their patrons don’t have glass bottles
- They have a drink maximum – for example, some bars won’t serve you more than one drink at a time
- Also, they check ID at both the door and the bar to prevent underage drinking
- They have capacity limits so the bar can’t get too crowded
If you’ve been injured in a bar fight, you need to contact a Charlotte personal injury lawyer. He can review your case and see what it may be worth. He can also try to settle your claim with the bar owner. Call today and schedule your initial consultation. It is absolutely free and you pay nothing until you settle your case.