Legal Question in Personal Injury 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 one of them threw a bottle at at the other. My brother, uninvolved with the fight, was hit in the head by the bottle and was immediately rushed to the hospital. He received 8 stitches in his head and will have a large scar on his forehead. We plan on suing and wanted some information before hiring an attorney. What type of legal action do we have against the club? We don't know who the patron was as the bouncers kicked him out immediately and we weren't able to get any info on him. How much (roughly as a guess) should we be willing to settle for?


Asked on 1/23/12, 7:49 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Why do you think any of this was the fault of the club owner? People drink at bars. Sometimes they fight. Sometimes bystanders get hurt. Now, if the bar served someone who was visibly intoxicated, or they admitted someone who was previously 86ed for fighting, or they didn't have bouncers, and you could prove this was a cause of your injury, that would be one thing. But they don't have some generalized duty to protect you from drunk bar-fight participants who hit people upside the head with bottles. Moreover, you almost certainly won't find an attorney to represent you on a contingency-fee basis like you would if your car got rear-ended. You'll have to either sue in small claims court, or pay the attorney up front. I doubt the club's insurance company would offer you bupkis as a settlement, even if you had an attorney.

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Answered on 1/23/12, 7:58 pm
Robert Worth Robert J. Worth , Professional Law Corporation

There is case law that restaraunts and bars have a special duty that they owe to customers and potential customers regarding safety. Liability will depend upon the bar having prior notice of incidents including physical fights, assaults and battery occurring on the premises and/or outside including the parking lot before this event. Obtaining proof of prior incidents can be accomplished by contacting the polce department for records of such events will be necessary. I hope this helps and good luck. R. Worth (818) 222-2433

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Answered on 1/24/12, 12:51 pm


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