Accidents at bars are commonplace across the country. In fact, slip and falls occur often at bars, as well as fights. If you are a bar patron in New York and are assaulted, can you sue the bar? The short answer is yes.

You would need to file a premises liability claim in order to seek compensation from a bar or nightclub in the event of an assault. However, there are steps to take and things you should know.

Whether you can demonstrate that the business failed to offer a safe environment for you as the consumer will determine whether your premises liability claim is successful. Continue reading for further information. However, if you find yourself in this situation, it's important that you contact an NY premises liability lawyer to discuss your options.

Brandon J. Broderick, Attorney at Law is an experienced personal injury attorney who can help you determine if you have a strong case and what your options are to recover damages.

Who The Assailant Is Can Impact Your Case

How does a bar or nightclub assault premises liability claim work? It is dependent on who committed the assault. Was the assailant a member of the staff or another bar patron?

Assaulted by a Staff Member

If you were assaulted by a member of the bar's staff, whether it be a bouncer, bartender, or another club employee, your attorney will argue the company's hiring and training procedures were not sufficient. This may help demonstrate that the bar or nightclub was negligent.

• Did the business run a background check on the staff member? If so, what were the results?
• Did it disregard warning signs like hostile behavior?
• Was a staff member who had previously displayed aggressive behavior or assaulted another person not disciplined or fired?
• How comprehensive is the bar's de-escalation training?
• Was the employee provoked?

Assaulted by Another Bar Patron

If your attacker was another customer, you could claim that the bar had negligent security. Heavy drinking at a bar can lead to physical altercations. Because of this, the owner should employ bouncers to break up fights in order to keep customers safe. You could sue the bar if security was not present to stop your assault.

You can also hold the bar responsible for events that take place outdoors. If the parking lot is dark. You could file a lawsuit against the business if you are attacked while making your way to your car in the parking lot.

Each case will be unique and this is where an experienced personal injury attorney can help to formulate a strategy to win your case.

Proving Your Case

You must prove the following elements in your case in order to show that the bar was responsible for your assault. This includes:

• A danger or hazard existed there.
• The risk was created, known about, or should have been known by the owner.
• The owner took no action to eliminate the risk.
• The risk either directly or indirectly led to your injuries.

You and your attorney must be prepared for arguments presented by the bar owner's lawyers or insurance company that try to disapprove your claims. They could claim that you provoked the other party or was the aggressor in the altercation; you actually contributed to the incident; you refused to leave the bar and the bouncer or staff member was just doing their job; or you have embellished your account of what happened.

This is where evidence, such as video footage or witness statements can be used to bolster your claim.

Consult With Brandon J. Broderick To Learn More About Your Options

It's important to speak with an experienced New York personal injury attorney who has experience with premises liability. The team at Brandon J. Broderick, Attorney at Law has worked with clients who have been in similar situations over the years and helped them recover the compensation they deserve.

You are entitled to damages for your injuries, lost wages, and pain and suffering if you were attacked while trying to enjoy a night out in a bar or club in New York. We will aid you in gathering evidence and building the case.

Contact us today for a free consultation. We have New Jersey locations across the state – from Brooklyn to Buffalo.