San Diego has fabulous nightlife, including restaurants, bars, and other places to go out and have a good time with friends. Nobody expects to be involved in an attack or a fight during a night out. Alcohol consumption combined with one or more rowdy patrons can lead to unfortunate events. When a difference of opinion becomes heated, a physical altercation can follow. The aftermath of a fight can lead to severe injuries, even for someone who wasn’t involved. Bar and pub owners are responsible for keeping patrons safe under California premises liability laws. This includes adequate safety and security measures to diffuse these situations and prevent the possibility of injuries and fights in a bar or a pub.
When someone has an injury on another’s property, premises liability is the set of laws that address this type of accident. Bar fights fall under these laws since an owner is required to ensure the safety of everyone who visits through a duty of care. This duty requires to do the following:
While the owner is the most likely liable, other responsible parties can be pursued in the legal claim. Other areas of practice premises liability covers are:
Altercations can quickly become dangerous, leading to severe injuries, including:
Immediate medical care is essential, but so is gathering evidence. Pictures of individuals, injuries, the bar itself, damage incurred, and contact information from witnesses are beneficial. Once you’ve received medical care after a bar fight, you should speak with a San Diego premises liability attorney.
A “bouncer” is an individual generally hired for their size and ability to intercept fights and attacks in an establishment, de-escalate situations and politely remove the offensive parties. Bouncers are generally not security guards. They do not have “special rights” to assault anyone but do have the right to use self-defense. Unfortunately, some bouncers react with an equal amount of violence and cause injuries to patrons in the process. In some cases, those injuries can be life-threatening.
A bar owner who hires bouncers or security guards should ensure they are appropriately vetted with a background check. The manager or owner of a bar or club who sees a bouncer becoming aggressive with patrons or failing to terminate one who attacks a patron can be held liable if someone is injured. It is always the owner’s responsibility to ensure that the individuals they hire are prepared for the job.
When a bouncer intentionally inflicts injuries on patrons in the scope of his or her job, the bar can be found liable for a patron’s injuries.
Premises liability and personal injury laws in California ensure that victims of a fight or attack in a bar or pub have the right to economic damages. Economic damages help the injured recover from the financial losses. These damages may include:
California law also allows injured parties to recover noneconomic damages such as:
Plaintiffs generally have the burden of proof to show that the bar owner or one of the employees was directly responsible for their injuries. That's where a California premises liability attorney can help. A premises liability attorney can also represent you in front of insurance companies. Rather than try to negotiate on your own, an attorney can handle negotiations so that you can receive the maximum settlement for your injuries.
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