Legal Question in Business Law in California
Suing a local bar
Can i sue a bar for having a drunken person exciting that bar and throw a market cart onto my parked car? Person got a way and i just got my car a brand new body work and paint job 2 months ago.
some other info:
Before i got the body work and paint job, I was hit by another person driving while my car was parked. That person was also exciting the bar and went to his car and ended up hitting my parked car on the street. I was able to get his info and such and get my car repaired. Thus why i got a brand new paint job. It seems its been an occurring incident. I am not the only victim in this scenario because my neighbors as well have had damages done to their vehicles. Is there anything i can do about this on how i can get the bar to pay for such incidents? The bar seems to have been getting popular, especially when the dodgers play (baseball team) because i live literally 4 blocks away from Dodgers stadium. People that go the that bar and the game use my street to park their vehicles. As a result of that, finding parking is ridiculous now and then causes people that go into the bar to park near my house and end up getting accidents (shouldn't say accidents cause they are usually drunk) and leave the neighborhood frustrated.
2 Answers from Attorneys
Re: Suing a local bar
There are laws called "dram shop" statutes that place libility on a bar that allows an intoxicated person to leave who then is involved in an auto accident, I believe there should be something akin to your situation under that theory, but I would have to do some research.
Alternatively, you can contact the City Attorney and complain that the bar is a nuisance to the community, having your neighbors support the complaint in writing would help a lot as well.
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Re: Suing a local bar
Yes, you can sue, and you might win, but I think the chances are slim. Your would have to prove that the bar owed you a duty to protect your property from harm by bar patrons (difficult, but not impossible), and that the bar's negligence in carrying out that duty was a cause of your harm (also difficult). You won't get attorney's fees in your damage award, even if you win. There is a risk of spending a lot of time and money and losing.