When alcohol is involved, it doesn’t take much for a situation to escalate out of control. When this happens, things can get physical in a hurry. But what happens when a patron is assaulted or injured by another patron in a bar? Who is liable, and how can you go about collecting compensation? In this blog, we take a closer look at what you should do if you were injured in a bar fight in Minnesota.
Bar Fights and Premises Liability
When it comes to collecting compensation for injuries suffered at a bar or restaurant, you have to first determine where fault and liability lies. Depending on the circumstances, another individual may be at fault, or the bar itself may be partially responsible. That’s because bars operate under what’s known as premises liability.
Premises liability states that the property owner owes each individual who enters their property a reasonable duty of care. What’s considered “reasonable” is open to interpretation (which speaks to how important it is to hire an attorney to fight your case ), but there are many ways in which a bar owner may be partially responsible for your injuries. For example, if a bartender overserved an individual who then struck you or caused injuries, if they failed to clean up a spilled drink and you slipped, or a bouncer took overly aggressive action and you were injured as a result, there’s a good chance you could earn a compensation award for your pain and injuries.
When proving your injuries, you must establish the following in your argument to the court:
- The bar owner had a legal duty to protect your from injuries.
- The bar owner could reasonably foresee the danger that caused your injuries.
- The bar owner violated their legal duty to protect you.
- Their failure to protect you resulted in your injuries.
That may not seem all that hard to prove, but you can bet that the bar’s insurance company will have a strong legal team to defend them against liability, so you’re going to want to do the same. You’re going to want to report your injuries to the bar owner, see if video evidence exists, collect contact information from potential witnesses, take photographs of the scene and your injuries, get a medical exam and talk to a personal injury lawyer about your options. We’ve helped a number of different clients who were injured in a wide variety of bar fights and accidents, and we can help you maximize your injury award.
Don’t assume that because you suffered injuries that it’s going to be an easy case to handle on your own. Aside from filing deadlines and complicated paperwork to complete, know that the insurance company will do everything in their power to limit their liability, and they may even cast blame back at you if they believe you contributed to the situation in question. Don’t try to go up against them by yourself and don’t fall for a low settlement offer, connect with an experienced legal team and trust that you are getting the professional help you deserve. If you want to get the biggest payday possible following an injury in a bar, reach out to the lawyers at Hey Workers today.
