Nightclub LiabilityA nightclub has a responsibility to protecting its patrons from any harm, whether that harm is present in the form of other customers, bouncers, hazards in the club, and more. A fight may be outside of the liability of the nightclub unless the club staff contributed to the fight in some way. For example, if a patron is visibly drunk and aggressive, it is the responsibility of the nightclub and the bouncers to escort him from the premises. However, if he is continually served alcohol in this state and is not prevented from acting aggressively, the club could be held liable for anything he does that results in harm to others, even if the harm occurs outside of the nightclub. In addition to the continued service of alcohol, a nightclub may not be adequately prepared to deal with violence or assaults. There may not be enough bouncers or security hired by the company, which means that there would be more pandemonium and less control in the event of rowdiness. In the Sevilla Nightclub, the altercation lasted for some time, which may point to a lack of ample security.
Assault and Battery in a NightclubAssault can be defined as some form of intimidation, verbal or physical, that would lead a person to believe he is about to be harmed. Assault does not need to be physical; once there is violent contact, though, the ensuing tort is battery. Intentional harm can be the grounds of a lawsuit against the party who hurt you, but it could also be grounds for a lawsuit against a third-party, such as the nightclub, for allowing it to happen or not taking enough measures to prevent it. An assault and battery case can only be filed if there was physical harm. It is also important to understand that it is a personal injury lawsuit, and thus, the only potential for compensation is monetary rewards. The police may also bring up the individual on criminal charges that would supplement the civil accusations. Criminal cases, though, result in jail time, fines, and more. Essentially, the burden of proof in a civil case is lower than in a criminal case because of the disparity in punishment. If you feel that you were assaulted in a nightclub and you wish to take legal action, call our firm for more help.
Earnings from an Assault and Battery LawsuitIf you were assaulted by another individual in a nightclub, you can sue for damages resulting from the incident. Our team of attorneys will do all we can to bring you the maximum compensation available under the law. You should not be expected to pay for these debts if you were hurt because of someone else’s actions. We will strive to bring you:
- Medical expenses (surgery, hospitalization, physical therapy, medication, and future treatments)
- Lost wages from missed days of work, as well as future missed income if you need additional time to recover or go through medical procedures
- Property damage if any belongings were lost or broken in the incident
- Pain and suffering (PTSD, emotional trauma, psychological scarring, fear, anxiety)
- Punitive damages, which are handed out in times of gross negligence or when the defendant intended to cause harm; however, these damages are sometimes viewed as excessive and are only able to be won by a skilled attorney
Learn more about your legal options by chatting with a representative now.