Injured In A Bar Fight – Understanding Your Legal Right To Pursue Financial Restitution
Miami is filled with dozens of bars and nightclubs that are inundated by tourists and locals on many nights, especially the weekends. Alcohol and/or liquor are usually the beverages of choice in most of these social “hot spots.” Unfortunately, not everyone can handle their alcohol intake or consume an excessive amount. This may lead to some patrons becoming unruly and engaging in physical conflict with other bar patrons.
Bar fights can be extremely dangerous. You are often dealing with inebriated patrons who may be able to quickly grab a beer bottle or shot glass and smash someone over the head. Even the breaking of a bottle or glass is dangerous because shards of glass can then be propelled into the air and hit someone in the face or eyes.
Liability for a Bar Fight Injury
Determining liability in a bar fight depends on the specific circumstances of the incident and how the owner of the establishment, and their employees, responded to the fight.
There could be a premises liability claim against the owner of the bar. Under Florida law, owners of a bar or club must take reasonable steps to ensure the safety and wellbeing of all visitors. Though, for a bar owner to be held liable under a premises liability theory, there needs to be evidence showing that the owner was able to reasonably foresee that a potential harm could occur. For example, if the bar or nightclub is located in an area known for being dangerous, a reasonably prudent owner knew, or should have known, that it is more likely a fight will occur in their establishment.
Even if a bar owner takes reasonable steps to keep the premises secure and hires a bouncer, there remains the possibility of holding the owner liable if the bouncer used excessive force and injured you. For example, if the bouncer used the same amount of force against a non-violent friend of the aggressive and intoxicated patron, that may be considered irresponsible and excessive. The owner of the establishment could be held liable under the legal doctrine of respondeat superior. Basically, this means an employer is liable for the wrongs committed by an employee if the employee does something reckless or irresponsible while in the course of their employment.
Prevailing in a Bar Fight Personal Injury Claim
To succeed in obtaining financial restitution in your bar fight personal injury claim, your Miami personal injury attorney needs to present sufficient evidence to meet the following legal test for holding a defendant liable in a civil case:
- The owner of the bar or club owed a legal duty to protect you from harm;
- The owner of the bar or club could reasonably foresee the potential risk of harm;
- The owner of the bar or club breached the established legal duty; and
- Your injuries were proximately caused by this breach.
Speak to an Experienced Miami Bar Fight Injury Lawyer Today
As you can see, prevailing in a bar fight injury claim can get complicated and requires someone who can effectively present evidence to a judge and jury. This is why you need to contact the experienced and skilled attorneys at the Miami office of Alan Goldfarb, P.A. Contact our office today to schedule a free case review.