QUEENS BAR/NIGHTCLUB ASSAULTS ATTORNEY
Alcohol is well known for decreasing inhibition and making altercations more likely. If you are attacked by an intoxicated person on the street, you have little recourse other than criminal prosecution, but establishments that serve alcohol are responsible for providing a safe environment. If you are assaulted at a bar, nightclub or restaurant, you can make a claim against the owner of the establishment. These are complicated cases and you will need an experienced Queens bar/nightclub assaults attorney to represent you.
Bar owners are legally required to provide a “reasonably” safe environment for their patrons. The owner is not liable for all bar fights, the issue is whether he did everything possible to keep the establishment safe. The owner must provide adequate security. If the bar is located in a crime-ridden area where fights regularly break out on the premises, more security should be present. An investigation will reveal whether the bar did everything reasonably possible to protect its patrons. In contrast, an establishment that caters to executives and families would not be expecting as many fights and would not be expected to hire a team of “bouncers.”
The presence of “bouncers” sometimes gives rise to claims as well. They have been known to use an unreasonable amount of force to break up fights, causing injuries to the fighters and sometimes to uninvolved persons nearby. Bouncers can only use force equal to the force used by the fighters and nothing more than that. When a bouncer causes injuries, the bar can be liable for the medical bills, lost earnings and pain and suffering of the victim, even if he was engaged in a fight. If the bouncer has a criminal record or any history of violent activity, the bar can be held liable for “negligent hiring.”
If you are injured as a result of a bar fight, (participant or bystander) here’s what you need to do:
- Call the police and tell them exactly what happened to you
- Get witness statements
- Take photographs and/or videos
- Get medical treatment and document it
- Call an attorney to find out if you can bring an action against the bar.
At Wittenstein & Wittenstein, we’ve been handling these cases for more than sixty years. If you have suffered injuries from an incident at a bar or nightclub, we are the Queens Bar/nightclub assaults attorney that can help you every step of the way through the process. Please call us at 718-261-8114 for a free consultation.