Bars, nightclubs, and similar venues can be lively environments, but they also come with certain risks. In crowded settings where alcohol is consumed, tensions can escalate quickly, leading to altercations and accidents. It is not uncommon for fights to break out, resulting in injuries, or for patrons to suffer harm due to unsafe conditions or negligent security. Slip-and-fall accidents, broken glass, or physical violence between patrons can all lead to serious injuries in these types of venues.

The combination of alcohol, confined spaces, and large crowds often heightens the risk of accidents and violence. When people consume alcohol, their judgment may become impaired, and this can result in reckless behavior or altercations that escalate into assaults. In these situations, bar owners and managers are responsible for providing a safe environment for their patrons. Failing to do so can lead to legal consequences if a patron is injured due to the venue's negligence.

Establishing Liability in Bar Assault and Injury Cases

Premises Liability

Under the concept of premises liability, bar owners can be held responsible for injuries that occur on their property if those injuries result from unsafe conditions or negligent behavior. In Michigan, bar owners owe a duty of care to their patrons, meaning they are legally required to take reasonable steps to ensure the safety of those on their premises. This duty of care includes:

• Providing adequate security: Bar owners must employ enough trained security staff, such as bouncers, to handle potentially violent situations and prevent altercations from escalating.
• Preventing over-serving of alcohol: Under Michigan’s Dram Shop Law, bars that over-serve alcohol to visibly intoxicated patrons can be held liable for any harm caused by that patron, including assaults or injuries.
• Addressing hazards: Bar owners must maintain their property to prevent dangerous conditions like slippery floors, broken glass, or faulty equipment that could cause accidents.

If a bar fails to uphold its duty of care and a patron is injured as a result, the bar may be held liable for the victim’s medical expenses, lost wages, and other damages.

Negligent Security

A common factor in many bar assault cases is negligent security. Negligent security refers to situations where a bar fails to provide adequate protection for its patrons, either by not having enough security personnel, failing to properly train staff, or not removing dangerous individuals from the premises.

Examples of negligent security include:

• Lack of bouncers or insufficiently trained staff to handle physical altercations.
• Failure to remove aggressive patrons who display violent behavior or are visibly intoxicated, putting other patrons at risk.
• Inadequate response to altercations, such as failing to break up fights or call law enforcement when necessary.

Bars are expected to take reasonable steps to prevent foreseeable harm, such as intervening in disputes, controlling access to certain areas, or ensuring the presence of competent security personnel. If a bar fails to take these measures, and someone is injured as a result, they may be held responsible for the victim’s injuries.

Third-Party Liability

In some cases, victims of bar assaults can hold the establishment liable for the actions of other patrons. This is known as third-party liability. Bars may be found responsible if their failure to act or their negligent actions contributed to the harm caused by another individual.

• Over-serving alcohol: If the bar continued to serve alcohol to an already intoxicated individual who then assaulted another patron, the bar could be held accountable under Michigan’s Dram Shop Law.
• Failure to intervene: If bar staff ignored signs of escalating violence or failed to remove a visibly aggressive patron, the establishment may be held liable for not taking reasonable steps to protect other patrons from harm.

Legal Recourse for Victims

Filing a Personal Injury Claim

One of the primary legal actions a victim can take is filing a personal injury claim against the bar, venue, or responsible party. Personal injury claims are based on the concept of negligence, and they aim to hold establishments accountable for failing to provide a safe environment.

• The process: To file a personal injury claim, the victim must demonstrate that the bar or venue failed in their duty of care—such as by providing inadequate security or not addressing dangerous conditions—and that this failure directly caused the injury. Evidence like security footage, witness statements, and medical records are often crucial in supporting the claim.
• Types of compensation: Victims may be entitled to various forms of compensation, including:
  • Medical expenses: Compensation for hospital bills, surgeries, rehabilitation, and ongoing medical care.
  • Lost wages: If the victim is unable to work due to their injuries, they may recover compensation for lost income, including future earnings if the injury leads to long-term disability.
  • Pain and suffering: Victims can seek compensation for the physical pain and emotional distress caused by the injury.
  • Emotional distress: Victims may experience anxiety, depression, or PTSD as a result of the assault, and compensation can help address the psychological toll of the incident.

Dram Shop Laws

Under Michigan’s Dram Shop Law, victims can also pursue legal action against bars or establishments that contributed to their injuries by over-serving alcohol to an individual who then caused harm. This law is particularly relevant when an intoxicated patron injures another patron in a bar fight or causes harm after leaving the establishment.

• What is Michigan’s Dram Shop Law?: Michigan’s Dram Shop Law allows victims to hold bars and establishments accountable for serving alcohol to visibly intoxicated individuals who later cause injuries. The bar may be liable if it can be proven that they continued to serve alcohol to someone who was clearly intoxicated and that individual subsequently caused harm, either by assaulting someone or engaging in reckless behavior.
• Requirements for pursuing a dram shop case: To bring a dram shop case, the victim must provide evidence that:
  • The bar served alcohol to the patron after they were visibly intoxicated.
  • The intoxicated individual’s actions directly led to the injuries.
  • Notice of the dram shop claim is provided to the bar within 120 days of retaining an attorney, which is a key requirement to keep in mind.
• Compensation under dram shop law: Victims can recover damages for medical expenses, lost wages, pain and suffering, and emotional trauma under Michigan’s dram shop law. Additionally, dram shop cases hold bars accountable for their role in contributing to violent or reckless behavior, ensuring that establishments are more careful about serving alcohol to intoxicated patrons.

Assault and Battery Lawsuits

In cases where the injuries were caused by another patron, victims may also file a civil lawsuit directly against the individual responsible for the assault. While criminal charges may be filed by law enforcement, victims can pursue civil action to recover compensation for the harm they’ve suffered.

• Filing a lawsuit: Victims can file an assault and battery lawsuit against the person who caused their injuries. This type of civil lawsuit seeks to hold the aggressor accountable for their actions and to secure compensation for the damages they’ve inflicted.
• Types of compensation available: In assault and battery lawsuits, victims may recover:
  • Medical expenses: Including treatment for physical injuries such as lacerations, broken bones, and head injuries.
  • Emotional trauma: Compensation for the psychological effects of the assault, such as anxiety, depression, or PTSD.
  • Punitive damages: In some cases, the court may award punitive damages to punish the aggressor for particularly reckless or egregious behavior. Punitive damages are intended to deter similar conduct in the future.

Steps to Take After a Bar Assault or Injury

Seek Immediate Medical Attention

The first priority after any assault or injury is to seek immediate medical attention. Even if your injuries seem minor at the time, it’s important to get a full medical evaluation to identify any potential underlying issues, such as concussions or internal injuries.

• Treating injuries promptly: Receiving prompt medical care not only ensures your safety but also creates a record of your injuries that can be used later in legal proceedings. This documentation will be critical when proving the extent of your injuries and calculating damages.
• Follow-up care: Be sure to follow your doctor’s recommendations for treatment and attend follow-up appointments. This not only supports your recovery but also strengthens your claim by demonstrating the severity of your injuries and the need for ongoing care.

Report the Incident

It’s important to report the incident to both law enforcement and the bar management as soon as possible.

• Notify law enforcement: Filing a police report is essential for documenting the assault or injury. The police will investigate the situation, gather witness statements, and create an official report that can be used as evidence in your case. Reporting the incident to the police also increases the chances of identifying the responsible parties and holding them accountable.
• Report to bar management: Inform the bar’s management of the incident, and request that they document it internally. Bars and nightclubs often have security footage or logs that can provide critical evidence of the assault or injury. Reporting the incident to management creates a record that may be helpful later if you decide to pursue a legal claim.

Gather Evidence

After the incident, it’s important to gather as much evidence as possible to support your case. This evidence will help demonstrate the circumstances surrounding the injury, establish liability, and prove the extent of your damages.

• Take photos: If possible, take photos of the scene, including any visible injuries, damage to property, or unsafe conditions (such as wet floors or broken glass) that may have contributed to the injury.
• Secure witness statements: If there were witnesses to the assault or accident, ask for their contact information and, if possible, obtain statements from them. Witness testimony can be valuable in confirming the sequence of events and establishing fault.
• Document the scene: Make a detailed record of the incident, including the time, location, and circumstances leading up to the injury. If security personnel or bar staff were involved, note their names and roles in the incident.

Consult an Attorney

Once you have sought medical attention and gathered initial evidence, it’s crucial to consult with an attorney who specializes in personal injury cases. An attorney can evaluate your potential claim, explain your legal rights, and guide you through the process of seeking compensation.

• Legal evaluation: A personal injury attorney can review the evidence you’ve gathered, assess the strength of your case, and advise you on the best course of action, whether it’s pursuing a personal injury claim, dram shop case, or civil lawsuit.
• Protecting your rights: An attorney will help ensure that your rights are protected throughout the legal process. They can negotiate with insurance companies, handle communication with the responsible parties, and represent you in court if necessary.
• Maximizing compensation: Having an attorney on your side increases the likelihood of receiving fair compensation for your injuries, medical bills, lost wages, pain and suffering, and other damages. They will fight to ensure that you are not taken advantage of by insurance companies or liable parties.

Contact Marko Law Today

Understanding your legal rights is crucial after experiencing a bar assault or injury. Whether the injury was caused by a physical altercation, negligent security, or unsafe conditions, pursuing justice can ensure that responsible parties are held accountable. Victims deserve fair compensation for their medical expenses, lost wages, pain and suffering, and emotional trauma. Taking the necessary steps—such as reporting the incident, gathering evidence, and consulting with an attorney—can significantly improve the chances of achieving a successful outcome.

If you or a loved one has been injured in a bar assault or accident, understanding your legal options is crucial. At Marko Law, we are dedicated to helping victims of bar assaults and injuries fight for the compensation they deserve. Contact us today for a free consultation.

Call 1-833-MARKO-LAW or 1-313-777-7LAW to schedule your consultation.
Visit us at our main office: 220 W. Congress, 4th Floor, Detroit, MI 48226.
https://www.markolaw.com/