Legal Question in Personal Injury in California

if an unruly bar patron who has verbally attacked several people in the bar, ends up punching me and as i'm trying to get away i trip over chairs and table and suffer 2 breaks to my leg, can I hold the bar accountable for medical costs ?


Asked on 12/31/11, 5:22 pm

8 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Generally not successfully. The aggressor is the culprit committing the crime, not the establishment.

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Answered on 12/31/11, 5:31 pm
Armen Tashjian Law Offices of Armen M. Tashjian

It all depends. Did the establishment have enough notice and opportunity to do something to control the unruly patron? If no, then your claim will likely fail. If they had sufficient notice and failed to act, then you might succeed.

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Answered on 12/31/11, 5:35 pm
David Lupoff Law Offices of David B. Lupoff

It really depends. You situation is very fact intensive and in any event, the establishment will put up some good defenses.

Good luck.

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Answered on 12/31/11, 5:55 pm
Michael Stone-Molloy The Lion's Law Office

I have handled cases like this before and I can tell you, the most important question here is the prior history of the bar. The law in California does not impose any obligation on a bar owner to hire security UNLESS they have had trouble in the past.

The first thing I do in these bar fight cases is investigate the bar's background. If the police have been called out there before (and they usually have, especially in Lake Elsinore) then I would look at the security precautions the bar has taken prior to your incident. If the security is inadequate, or if the security on duty at the time did a poor job of controlling the situation, there will be liability.

Certainly with a serious injury like yours, it would be necessary to fully investigate the case. I recommend you contact me directly for a more detailed free consultation: (877) LION-FOR-LAW (546-6367) or by email [email protected]

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Answered on 12/31/11, 6:29 pm
Robert Worth Robert J. Worth , Professional Law Corporation

I have handled bar assault cases involving life endangering attacks. There is case law that may very well work to your benefit. Notice and an opportunity to act are issues of concern, but a bar (and restaurants too) do have a higher duty owed to their patrons for their security and safety. Whether there have been prior brawls there is important to know too. If you were not an aggresser-participant you have a chance for recovering damages for your injuries. I hope this helps.

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Answered on 12/31/11, 6:36 pm


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