You were at a local bar and you notice this guy at the end of the bar getting pretty obnoxious. You see the bartender continue to serve the guy. Eventually, the guy gets up and walks by your date and makes a rude comment. On his way back from the bathroom, he comes up behind you and cold cocks you, throwing you off the bar stool. You hit your head on the bar and end up breaking your wrist when you land on the floor. You don't have medical insurance and now you need surgery. The question is, If you are injured in a bar fight, what are your legal rights? The answer to this question is fact dependent and can be complicated, let's take a look at some of the issues this question involves. In your scenario, it appears the guy was visibly drunk and the bar kept on giving him alcohol. Based on this scenario, it appears you do have a claim against the bar under Indiana's dram shop law, which holds a bar or restaurant responsible if they continue to serve a customer who is visibly intoxicated. In other bar fight scenarios we have to look a the following:
Risk, Security, and Liability
The combination of large crowds, music, entertainment, and alcohol that bars, clubs, and restaurants provide is something that a lot of people enjoy, but it's also something that can be a recipe for bad behavior. Even if you only go out to have a good time, don't get drunk, and don't act inappropriately. You can suffer serious harm if some drunk dude or chick decides to start a fight. When it comes to these types of environments, the restaurant, bar or club owners have a responsibility to take reasonable steps to protect its customers from jerks who over drunk and lose control. If the bar's staff fails to provide adequate security (a bouncer(s) or off-duty police officers) and you suffer an injury as a result, you can bring a claim against the bar, restaurant or club for your injuries. Injuries and Compensation If you are injured in a bar fight, or as a result of being assaulted by the patron of an establishment, what kind of compensation can you expect to receive for your injuries? Though the answer to the question depends on the individual circumstances of any case, you may be entitled to compensation for different forms of harm. For instance in the above example, the injured person would be entitled to past and future medical expenses, lost wages if he is unable to work because of the broken wrist, and pain and suffering damages related to his injuries.
Your First Step After a Bar Fight Injury
Because these cases are factually dependent it is important to see an Indiana personal injury lawyer immediately. Your lawyer will be able to preserve vital evidence, which could include security video footage in the club, law enforcement reports and statements, and take witness states to sure up the facts of the assault. Remember, as time goes on from the event, evidence can disappear and witnesses memories fade. If you have any questions about an injury after a bar fight, give us a call at (219) 874-4878. Pejic & DiMartino, PC 1000 Washington Street Michigan City, Indiana 46360
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