Nightclub injuries can happen for any number of reasons; some patrons are too drunk or inebriated and slip and fall, while others may get hurt trying to exit the club. Some people are even victims of assault, whether by other patrons or security guards. Notably, the presence of security guards at a nightclub can lead to unique forms of liability. Our team of attorneys at Normandie Law Firm in Los Angeles can help you file a lawsuit against the responsible party if you were harmed at a nightclub.
Premises Liability
Premises liability lawsuits can be filed in the event that a person is harmed due to a property owner’s negligent action or inaction. This essentially details the ways in which a property owner can inadvertently cause harm to anyone on the property.
There are three categories individuals can fall into while on someone else’s property. They are as follows:
Invitees, or individuals who have entered the property with the permission of the owner to conduct an exchange of some sort, or who are there for mutual benefits and exchange of goods and services. Invitees are afforded the highest duty of care.
Licensees, or individuals not engaging in financial exchanges, such as social guests, family members, missionaries, unsolicited salesmen, and more.
Trespassers, or individuals who have no legal right to be on the property, whether they are criminals, people who have been barred from the premises, or those who do not have the consent of the property owner to be present.
In all categories, owners must take care to protect those who are on the property – even trespassers in some situations. Various cases have set precedents for these duties, notably Tesone v Reiman and Staggs v Atchinson. Even trespassers are slightly protected; specifically, you cannot set traps for those you know to trespass frequently.
Liable Parties
If you are involved in an altercation at a nightclub, you could look to various parties as liable. First and foremost, and most obviously, would be the assailant who harmed you. This would warrant an assault and battery claim. Assault is defined as any action that causes an individual to feel threatened by physical harm, while battery is the physical attack.
In addition to the assailant, you could hold the nightclub responsible if they were involved in the altercation or if they had a reasonable means to stop it. For example, nightclubs and bars must, by law, not further serve alcohol to intoxicated individuals; therefore, if they continue to serve an aggressive party alcohol and the situation escalates, the nightclub could be responsible. Essentially, you the concept of foreseeing the harm is what separates liability in these situations. Some examples of case law in which patrons have been assaulted and the bar or nightclub is responsible include Weidenfeller v Star & Garter, Martin v Barclay Distrib. Co., and Taylor v Centennial Bowl, Inc.
The security can also be held responsible if they did not dutifully prevent harm from happening. If they are employees of the nightclub, they fall under the nightclub’s responsibility, but many clubs choose to hire private security firms to provide help. There have been legal examples of this, as in Marois v Royal Investigation & Patrol, Inc., and Rosh v Cave Imaging Sys., in which security personnel have been unable to prevent patrons and other individuals from harm.
Foreseeability
Property owners and managers must act and protect individuals on the property if they foresee or can reasonably expect any problems. With respect to nightclubs, there are different situations that could impact this foreseeability. For example, a nightclub that has no history of violent altercations that is situated in a remote area of town that generally serves older customers will likely not be the site of a physical encounter. On the other hand, an easy-to-access location downtown that has cheap drinks and allows anyone to enter may feature regular fights.
Other situations in which property owners should foresee an issue include:
- Patrons threatening each other
- Verbal assault or harassment
- Criminal presence at the club
- Unresponsive patrons to requests of nightclub personnel and security
- Visibly intoxicated individuals outside of or within the club
Thus, it is crucial for litigators and victims to understand that there must some level of foreseeability in order for liability to be designated. If there is a chance of great future harm, the degree of foreseeability is high; if there are measures in place to prevent harm, even if by simple means, the degree of foreseeability is lessened. Consider the example above regarding different clientele and areas for nightclubs – a less populated and frequented location has a lesser degree of foreseeability for harm than its counterpart.
Time Limit on Filing a Lawsuit
If an altercation occurred at a nightclub and you were hurt, you could file a lawsuit to receive compensation for your damages. Bear in mind that you have a specific amount of time, called the statute of limitations, to file a claim. This time limit varies from state to state; in California, it is 2 years from the date of the injury. The longer you wait to take action, the more difficult it will be to win your case; eventually, if you try to file a lawsuit past the deadline, it’ll be thrown out and ignored.
There are some exceptions to the two-year limit, however. For instance, if you were underage at the time of the incident, your statute would not start until you turned 18. If the defendant left the state or the country, the deadline would not resume or begin until he returned. Further, if the bar were government-run or government-owned, you would only have 180 days to file a claim.
Benefit of Hiring an Attorney
Many people try to take legal action by themselves; they may feel as though they are able to handle the nuances of a lawsuit and skillfully negotiate with an insurance agent or present a case in front of a jury. Unfortunately, many people do not have the knowledge, experience, time, or dedication to do so, and they may face a quick rejection of their claim.
This is a primary reason we recommend hiring our qualified lawyers at Normandie Law Firm. We will see to it that you get the fairest representation possible and will tirelessly work to secure you the compensation you deserve. While you heal or return to work, we will go through the process of suing the liable nightclub or bar.
Potential Compensation
With the help of our expert lawyers, you stand to gain numerous types of compensation for your damages. You may have your medical bills covered, lost wages from work reimbursed, damaged property replenished, and emotional pain and suffering covered.
Additionally, punitive damages can be sought if the defendant acted with gross negligence or an intent to harm. You may be able to collect these damages from either party, but beware: they are notoriously difficult to win, as many agents and juries view them as unnecessarily punishing and excessive. Only a skilled assault and battery lawyer will be able to secure them for your settlement.
Normandie Law Firm: The Best Choice in Los Angeles
If you have been harmed in a nightclub incident, contact Normandie Law Firm. We will aggressively negotiate a settlement from the nightclub or bar, and if they are resistant, we’ll present your claim in front of a jury. We are here for victims and want to make sure that you are protected and safe throughout the legal process. Your healthy is important to us, and we believe it is crucial that you get the best medical treatment possible.
Reach out to us today to set up a free legal consultation with an accomplished lawyer. We encourage you to ask questions about your claim and we will look over your case and evaluate it. If you choose us to represent you, you’ll receive our zero fee guarantee; this promises that you won’t pay any out of pocket expenses throughout the litigation process. We will only get paid if we win, the money will come from the settlement we win for you. If we lose, you won’t owe us a dollar.
Don’t hesitate to contact Normandie Law Firm if you have suffered an assault and battery at a nightclub and wish to find the liable party, whether it’s nightclub security or someone else.
