New York Civil Rights And Criminal Defense Lawyers

If you sustain injuries at a nightclub, can you sue?

On Behalf of | Sunday Jun 10, 2018 | Personal Injury

With alcohol and drugs prevalent, many people sustain injuries from nightclubs every year. Sometimes these events hit too close to home. Take one recent instance when a man killed one person and injured four others in a Long Island nightclub. Police arrested the man and took him into custody.

There are numerous ways for people to suffer injuries in nightclubs. They may have fallen down after slipping on a wet surface that occurred when someone spilled a drink. They may get into a fight with another patron who has had one too many drinks. The important aspect here is that you should not have to pay for medical expenses related to those injuries if a patron or the bar itself shares some blame.

Suing the other person

In the event you are in a fight, the assailant will hold a large portion of the liability. These assaults fall under intentional tort principles. However, suing this individual will only work if you can prove he or she instigated the fight. If both parties mutually agreed to fight outside the nightclub, then it limits how much money you can attempt to claim. Eyewitness testimony can help strengthen your case to sort out what really happened.

In many cases, your assailant may not have a lot of money to cover your medical expenses. When this occurs, many people will consider suing the nightclub itself.

Suing the nightclub

All nightclubs should carry liability insurance to protect themselves against fights and other incidents that tend to occur in these establishments. However, a judge will only award damages if you and your attorney can prove the nightclub was negligent in some way.

For example, most clubs will want to have some level of security on a regular basis. If the club failed to have sufficient security on staff in the night in question, then that may serve as proof that the nightclub shares some of the blame for your injuries because security could have helped avoid a dangerous situation.