Legal Question in Real Estate Law in California

Q: What type of responsibility does a night club have for protecting its guests and what type of liability do they have for an injury incurred by a club patron?

Facts: I was with a few friends at a nightclub in Hollywood last night. A fight broke out between two people and my brother, uninvolved with the fight, was hit in the head by a bottle thrown during the fight. He was immediately rushed to the hospital and received 8 stitches in his head and will have a large scar. We plan on suing and wanted some information before hiring an attorney. What type of legal action do we have against the club and the patron? How much (roughly as a guess) should we be willing to settle for with the club in order to save on legal costs?


Asked on 1/22/12, 10:45 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unfortunately, your question only tangentially relates to real estate and real property; to get expert opinions on this incident, I suggest you re-ask it under a category where it will be sent to kawyers who handle this kind of case, such as, perhaps, "torts" or "assault and battery" or "premises liability." I don't know all the LawGuru topic headings, but I'm sure "real estate and real property" isn't the right specialty here. I would guess the club has some liability, however, I have no idea how much or the likelihood of collecting.

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Answered on 1/23/12, 9:05 am
Terry A. Nelson Nelson & Lawless

Fights are generally 'unforeseeable' criminal acts by patrons, not the responsibility of the club. You get to sue the patrons involved, but to prove liability of the club, you'd have to show there has been a clear pattern of similar violence they knew about, and they did nothing to remedy or prevent it when they could reasonably do so. If you go to a place known for violence, you 'assume the risk' of harm yourself. If you walk into a rough biker bar, you expect to get in a fight. To avoid liability the clubs sometimes hire security [bouncers] to reasonably TRY to screen out obvious problem 'drunks', and to prevent and break up fights, but the club is not otherwise responsible for your safety from criminal acts. Nobody said the world owes you a safe ride through life. Thus, it is not common that you would have grounds for a successful lawsuit, but if you think you do under those rules discussed, feel free to contact me.

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Answered on 1/23/12, 12:20 pm
Terry A. Nelson Nelson & Lawless

Follow up:

You may consider presenting the medical bills to the club with a reasonable request they pay them, since you were an 'innocent' customer hurt in their business. It would be good customer relations and PR.

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Answered on 1/23/12, 12:22 pm


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