Who is Responsible for My Bar Fight-Related Injury?
Two police officers were injured and four people were arrested during a 4 AM fight outside of a Hoboken bar this past Saturday. Reports say nearly 40 people were involved in this bar brawl. The officers weren’t seriously injured, but one will be out of work for a while recovering from injuries.
This incident got us at the Law Offices of Anthony Carbone thinking. What happens if you were seriously injured in a bar or restaurant fight? Specifically, what legal action can you take?
In New Jersey, waiters, waitresses, and bartenders are required to obey the state’s liquor control laws. They must make sure that they refuse to serve alcohol to visibly intoxicated guests. Additionally, Garden State bars (and nightclubs) are required to have security or bouncers who are required to act in compliance with the state’s liquor control laws. However, things can go awry regardless of how many bouncers you have on hand.
Here we go. Someone who has been drinking too much just shoved someone. That person just smashed a bottle on the other person’s head. It’s like a chain reaction. People are going after each other. What’s the next move?
To prevent customers from sustaining a bar fight injury, the bouncers should intervene and safely separate those fighting. It’s the bouncer’s or other security personnel’s duty to respond quickly and break up the fight safely. When a bar fight injury occurs, premises liability law states the bar owner, the bouncers, and the rest of the establishment employees are held liable for the sustained injuries.
Although it’s the bouncer’s duty to protect the bar and stop patrons’ disorderly behavior, they don’t have the same authority as police officers. If a bouncer goes too far, mishandling the situation to cause a patron(s) to sustain an injury even when they aren’t directly involved in the bar fight, the bouncer(s) are held responsible.
New Jersey bars have a duty to document bar fight injury incidents. Also, the bar’s liability insurance typically provides coverage for personal injury claims when patrons get injured due to negligence on behalf of the bar and its employees.
Often, a bar’s insurance provider will not cover an incident if the person who caused the injury was an employee. If a bartender or server serves an overly intoxicated individual, and the customer injures another person after leaving the bar, the employee who served the alcohol will be held responsible for the injuries.
Individuals who sustained an injury from a bar fight may be able to recover compensation from the bar owner’s insurance provider. If you or your loved one suffered a severe injury that occurred in a Garden State bar or nightclub, contact the Law Offices of Anthony Carbone.
If you want to read more about the story mentioned at the beginning of this article, click here.