Do I have a lawsuit if I was attacked at a bar? 30 Answers as of May 27, 2011

I was attacked in a bar that caused me to suffer broken bones and 8 days in ICUl. I was wondering if I have a lawsuit.

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
You might but you would need to show that the bar's negligence in security or serving alcohol lead to your attack. I hope you feel better.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
Without knowing more facts regarding the attack you suffered, it is hard to say if you would have an action against the bar or not. However, you should explore all of your legal rights by contacting a personal injury attorney. My firm provides free consultations for these types of incidents.
Answer Applies to: Indiana
Replied: 5/25/2011
Cary J. Wintroub & Associates
Cary J. Wintroub & Associates | Sheldon J. Aberman
Yes, you can file a claim against the attacker for the damages that he or she caused to you, as a result of his or her battery and/or negligence. Additionally, in Illinois, you can file a claim against the bar under the Dram Shop Act, if you can prove that: 1) the attacker was intoxicated at the time of the incident; 2) agents or employees of the bar sold or gave intoxicating liquor consumed by the attacker; 3) the liquor consumed caused the intoxication of the attacker; 4) the attacker's intoxication was at least one cause of the incident; and 5) as a result of the incident, you suffered injury.
Answer Applies to: Illinois
Replied: 5/11/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
was the attack in self defense, or did you instigate the attack i.e did you provoke the attack? or was there a brawl and you got attacked in the process? in any case, you have no cause of action against the bar, because it does not seem to me that they were responsible for any of your injuries.
Answer Applies to: Washington
Replied: 5/10/2011
Law Office of Sam Levine, LLC
Law Office of Sam Levine, LLC | Sam L. Levine
If there had been similar attacks in the past & the bar did not do anything to make the bar safer, then possibly you would have a cause of action. My thoughts & prayers are with you for a speedy recovery.
Answer Applies to: Georgia
Replied: 5/10/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Yes you can but not against the bar unless the bar employee attacked you.
    Answer Applies to: California
    Replied: 5/10/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Depends on what you can prove as to who caused the incident. You should gather any information you can and discuss with a lawyer.
    Answer Applies to: Delaware
    Replied: 5/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You may. It will be fact sensitive. You should meet with a lawyer and go over all of the facts that you know to see if you have a viable claim. Stay well.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    You could have a suit if the person who attacked you was drunk and the bar knew it and served them anyway. Also, you have a claim against the person who attacked you.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Bar fights are not very popular with judges and juries but you have a claim (if you did not start the fight) against those who injured you and perhaps against the bar owners if there was a failure of security and that failure caused the fight/injuries.
    Answer Applies to: North Carolina
    Replied: 5/9/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    You have two potential causes of action. One is a dram shop action against the bar if they over served alcohol to the patron who attacked you. The other action is against the perpetrator for civil battery.
    Answer Applies to: Illinois
    Replied: 5/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You may, however, it will depend upon the facts and circumstances. Consult with a negligence lawyer right away as the statute of limitations is only a year on purposeful assault. Good luck.
    Answer Applies to: New York
    Replied: 5/9/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    Most likely. Although it may depend on the specific circumstances, if you are attacked by an adult, you can sue them for either assault or battery. You may also be able to sue them for intentional infliction of emotional distress. You can recover compensation not only for your medical injuries but also for pain and suffering and emotional distress. In addition, you can recover punitive damages.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    Whether the owner or operator of a bar is liable for you being attacked in a bar, depends upon a variety of factors. Those factors include what knowledge the bar had about the person who attacked you, such as if that person was acting inappropriately for a period of time before the attack. Also, it would be important to know what security, if any, the bar had at the time of your incident; and, whether there were prior incidents of criminal behavior on the property, which would have required the bar to any additional security prior to your attack. These questions and many more, are why you should consult with an experienced personal injury attorney.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you have any proof that the person who attacked you was known by the bar to have dangerous propensities or was known to be violent when intoxicated, then you certainly may have a claim. I would consult with a good personal injury lawyer in your town or city.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    The bar may be liable for your injuries, damages and losses are a couple possible theories. First, if the perpetrator was overly intoxicated and they continued to serve him, you could bring a "dram shop" claim. Second, if the bar ownership did not take reasonable measures to keep patrons safe, especially where this type of conduct is foreseeable, they could be liable under general negligence theory. This would be especially true if there have been previous fights and injuries at the bar, and they did nothing to beef up security or anything else to keep patrons safe.
    Answer Applies to: Colorado
    Replied: 5/9/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    There are insufficient details here to give you much advice. Obviously you can sue the perpetrators that caused you the physical harm, unless they were acting in self-defense. Without more detail it is difficult to assess whether you can sue the bar also.
    Answer Applies to: California
    Replied: 5/9/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    You probably have an action against the party who attacked you. The problem is getting paid by that party if you win. From your facts I can not tell if the bar would be liable. As a general rule businesses do not have an obligation to protect you against criminal acts of a third party. There is a possibility of a dram shop action if you can prove that the bar caused the intoxication of the people who beat you and that they only beat you because they were intoxicated.
    Answer Applies to: Illinois
    Replied: 5/9/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    A bar is not automatically liable for you injuries from being attacked in the bar. You would have to show that bar employees were involved in the attack, or that the bar was negligent in failing to prevent the attack. The latter usually involves proving that the bar was on notice that fights frequently break out in the bar and the bar had insufficient security based on the level of violence that could be foreseen.
    Answer Applies to: South Carolina
    Replied: 5/9/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 5/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Depends on the facts but you at least can pursue the attacker.
    Answer Applies to: Connecticut
    Replied: 5/9/2011
    Suisman Shapiro
    Suisman Shapiro | John A. Collins
    You may have a claim against your attacker and the bar. Call if we can help.
    Answer Applies to: Connecticut
    Replied: 5/9/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Sure you do. You might have a case against the bar and the person who caused the injuries. Talk to an injury attorney in your state. If in Alabama call me.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    I need more information before i can give you a reliable opinion. For example, who attacked you? Was the person or persons drinking at the bar for a long time to the point where the bartender should have cut them off? Was the person or persons known to the bar to fight? Please feel free to call me to further discuss the situation.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Maybe and maybe not - these cases are difficult and I only take them if the facts weigh heavily in your favor. There is a great deal of information that is needed about the events of that incident before the liability picture is more clear.
    Answer Applies to: New Jersey
    Replied: 5/9/2011
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    In a nutshell, you may have a lawsuit against the person or person(s) who attacked you; as well as, the bar/ bar owner. It is critically important to note; however, that with such limited facts its impossible to predict whether you have a legitimate civil suit/claim against the previously mentioned parties or not. As with most civil suits, fault plays a critical role in determining the likelihood of success in a civil action.

    For example, if you were peacefully sitting at a table enjoying a glass of wine or beer and Daryl Defendant comes out of nowhere, belligerently drunk and attacks you then you would most likely have colorable argument that the D. Defendant is liable for (numerous) tortuous acts and the bar may have been negligent by failing to protect its patrons from harm and/or negligently serving alcohol to a person who is clearly intoxicated. The list of possibilities goes on and on.

    You should seek the services of a licensed attorney practicing in the State where the event occurred. This is the first and most important step in pursuing a civil action.
    Answer Applies to: New Mexico
    Replied: 5/9/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Depends on the facts. Did the bar fail to provide adequate security? Many issues to consider. I am a former federal and State prosecutor and now handle personal injury cases. Feel free to check out my web site and contact me. Time is of the essence especially if there are surveillance camera recordings.
    Answer Applies to: New York
    Replied: 5/9/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It is possible. You certainly have a case against the attacker(s). Contact me to discuss.
    Answer Applies to: Michigan
    Replied: 5/9/2011
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