Can You Sue a Bar If You Get Hurt in a Fight?
Going to a bar for a drink should never be a situation where you feel as though you are at risk of being hurt. Yet, bar fights are not uncommon, and when they occur, they can leave you with numerous injuries and damages. In this situation, you may find that the bar did not do enough to protect you in this situation. They may be held responsible for some of your losses.
At Larson Law, our personal injury attorneys work closely with North Dakotans who suffer injury and loss at the hands of others to pursue fair and full compensation. If you are injured in such an incident, we encourage you to contact us for immediate help.
Who is liable for my injuries after a bar brawl?
After a bar fight, there could be several liable parties. Based on the circumstances of your case, you may be able to seek compensation from:
The person who assaulted you
One of the most obvious parties liable is the individual who assaulted you. Filing a personal injury claim against that party is a logical step to take. File a police report, document your injuries, and pursue a personal injury claim against the responsible person. Our Minot attorneys can help with this.
The establishment where you sustained the injury
The establishment may also be held responsible for your injuries if they could have perceived the risk present and did not do enough to prevent that risk. There are a few situations that can occur here.
For example, you go to a bar for a planned event. There are crowds, drinking, and a lot of people in a small place. There is no security present. In this situation, the property owner failed to ensure you would be safe. As such, they may be responsible for the losses you have due to premise liability laws.
This is not just related to physical altercations, either. For example, if the establishment learns there is a threat to the people within the location and they do nothing to protect patrons, they could be held responsible. This may include, for example, shootings or knife fights that could have been predicted and were not.
Another example follows dram shop laws in North Dakota. If bar or restaurant knowingly serves a visibly intoxicated person, and that person then starts a physical fight with you, the establishment may be liable for your injury and losses.
How to prove the bar is liable for your injuries
It is not easy to prove that an establishment is responsible for your losses, which is why you’re better off working with an attorney rather than filing a claim on your own. Larson Law can help you by proving:
- You, the victim, did not cause or initiate the incident.
- You can identify the person who caused the incident and, therefore, is responsible for your losses.
- There is evidence that shows that the bar owner or employees did not take action to protect you.
- There is evidence that suggests that the bar owner or employee knew that a risk was occurring or could occur.
- There is evidence that the person drinking was stumbling or otherwise demonstrating intoxication that the bar owner or employees could have or should have noticed.
- You can show that the person’s attack on you was related to the failure to provide safety by the establishment owner, such as due to a lack of security.
Our attorneys work closely with our clients to gather as much evidence as possible to prove loss and fault. To do this, we look at a variety of factors that contribute to such situations, such as whether proper screening methods were in place when people were entering the establishment.
How our Minot personal injury attorneys can help you
Our personal injury attorneys have the resources and skills to help you.
First, we will gather evidence in your case to determine who is responsible. This could include:
- The person who started the fight
- Others present that contributed to the fight
- The bar owner or management members
We can require evidence from the establishment, use toxicology reports, and gather witness statements to help prove what occurred and who was engaged. In situations where there are multiple people engaged in a fight, this becomes far more difficult.
We also will work with you to better understand what your losses are in a case like this. This could include medical bills, lost time at work, pain and suffering, and emotional trauma. In order to provide you with the best possible compensation, we need to document all of the ways that this incident impacted your well-being.
With all of this information and evidence, our Minot injury attorneys will then negotiate with the insurance company(ies). After 45 years of practicing law, we know that these companies aren’t looking out for your best interests: they want to keep their money, not pay it to you. Having a lawyer handle these initial negotiations shows that you mean business, and sometimes that’s enough to get you a fair award.
But when it isn’t, then we are prepared to take your case to a jury. This stage may need to wait until after any criminal charges are dealt with (if applicable, that is). Juries can be unpredictable, but they may also be your best chance at getting justice. We can discuss this option during your consultation. Just know that no matter what happens, we’re on your side.
Schedule a free consultation with the personal injury attorneys at Larson Law in Minot, Bismarck, and Fargo now. Allow our team to help you determine who is liable and how much your case may be worth. Since 1979, we have been helping people get the compensation they are owed. Let us fight for your rights as well. Call our office or submit our contact form now for a free consultation to explore the options available in your particular case. Do not settle until you speak to us.
Mark Larson is a Certified Civil Trial Specialist and Certified Civil Pre-Trial Specialist focusing on personal injury, car accidents, wrongful death, and oil field claims. Since 1979, Larson Law has served the injured throughout North Dakota. Read more about Mark V. Larson.