The combination of alcohol and testosterone can have dangerous effects. Not every bar fight can result in liability for the bar or club. In order for a bar or club to be held liable for the actions of another patron, the victim must prove one of the following things:
- The bar security allowed a person on the premises who has a known propensity for fighting
- The bar security allowed a person to remain on the premises whose conduct had become obstreperous and aggressive to such a degree the tavern keeper knew or ought to have known he endangered others
- The bar security had been warned of danger from an obstreperous patron and failed to take suitable measures for the protection of others
- The bar security failed to stop a fight as soon as possible after it started
- The bar security failed to provide a staff adequate to police the premises
- The bar security tolerated disorderly conditions.
An injured patron can receive compensation for medical expenses, emotional distress, lost wages, and pain and suffering. The amount of the award will depend on the severity of his injuries, costs of treatment, responsibility for the battery occurring, and previous incidents involving the same bar or club.
Most bar or club bouncers are hired because of their imposing size, martial arts/fighting background, or attitude. They typically have no special training in protection, law enforcement or public safety. Bouncers are usually authorized to remove troublesome or intoxicated patrons, enforce the club or bar’s rules, or refuse entry to a patron due to intoxication or some other reason. However, each of these duties must be performed with care for the patron’s safety. This means that the amount of force that is used must be reasonable in light of the circumstances.
In many cases, a bouncer becomes frustrated or angry with the patron he is trying to remove and seriously injures the patron accidentally or on purpose. In these cases, the bouncer can be held liable for the personal injuries the bouncer inflicted on the patron. In order for the bar to be held liable, the personal injuries must have been inflicted in the “course and scope” of the bouncer’s employment. In general, employers are responsible for their employee’s actions at work, unless the employer specifically prohibited the employee from performing a certain task.
The Mortlock Law Group has handled numerous bar injury cases, including several involving local well known San Diego and North County San Diego Bars. Many personal injury attorneys have never handled a case against a bar or club and don’t know where to start. We know the right questions to ask and the right experts to use.
If you have been injured by another patron at a bar, an overly aggressive bouncer, or the negligence of the bar, you should contact a San Diego Bar Fight Lawyer. The San Diego Bar Fight Attorneys at the Mortlock Law Group take bar fight injury cases on a contingency fee basis, meaning you pay no attorneys fees unless we recover compensation for you. For a free consultation, please contact the Mortlock Law Group today.