It is not uncommon for residents and tourists visiting the state to enjoy the nightlife. When visiting a bar, nightclub, or dance venue, you expect the owners and staff to do what they can to keep you safe. But, when an injury occurs at a bar or nightclub, you may be wondering what your options are for compensation.
What is Negligent Security?
Negligent security is a form of liability that occurs when an owner does not provide adequate protections to their patrons on their property. It is important to note, however, that they do not have to provide security against the actions of a third party – unless the risk of harm or injury was foreseeable. When an owner is aware of a potential risk and fails to correct it, they could be guilty of negligent security.
First, the Assailant Is at Fault
When it comes to injuries due to an assault or fight, the person that instigated the event or attacked the victim is the one at fault, and is ultimately responsible for the injuries and damages they caused. That person may also face criminal charges in addition to civil penalties, depending on the circumstances of the case.
Negligent Security and the Premises
A claim can also be made against the bar owner or manager for any damages that are the direct result of the bar assault, as long as negligence can be established. To win the case, you have to prove that the owner or manager was negligent by showing that they were aware that there was a risk to your safety. But, that can prove problematic, especially if it was a third party (someone not related to the business) that was responsible for your injuries.
The bar is required to provide security to their patrons. And, if a bar has high-risk patrons, then they must provide security to thwart any fights that would inevitably break out on their premises. For example, the bar may serve their drinks in plastic cups instead of glass to avoid anyone throwing and injuring people with them.
In regards to the alcohol, a bar also has a duty to monitor their patrons and their alcoholic consumption. They cannot continue to serve clearly intoxicated patrons, nor can they allow those patrons to drive when they have clearly drank themselves beyond a safe BAC limit. If someone gets drunk at a bar and then attacks you on the street or inside the facility because of their excessive alcohol consumption, you may have a claim against that bar.
State Law Applies Too
State laws will also be examined when evaluating your claim. If the bar violated state laws, they may be fined, and that violation of the state’s safety laws can also help secure compensation for your claim.
Speak With an Attorney Regarding Your Potential Negligent Security Claim
If you have been injured due to inadequate security, contact an attorney at Hancock Injury Attorneys and they will evaluate your case over a free consultation. Schedule your appointment at 813-534-6929, or fill out an online contact form with your legal questions.