A premise liability case simply means that the bar or nightclub did not do enough to make sure their bar or nightclub was safe. Most of the time this results in people slipping and falling on the floor and receiving injuries from their falls. In most slip and fall cases, the reason someone slips and falls is because alcohol is spilled and no one mops up the floor from the bar or nightclub. This is most common in areas where many people are coming and going.
Many times a customer will spill beer or some other substance, fail to notify the employees, and another customer will come along, with their attention directed to an eye-level, and slip and fall on the spilled beer or alcohol, having never seen the substance that was left on the floor. Bars and nightclubs have a duty to check the floors to make sure they are free of spilled substances that can cause people to slip and fall.
In slip and fall case, you have to prove that the owner of the bar or nightclub knew or reasonably should have known that the floor was slippery to the point of being dangerous. This may be very obvious or it may be difficult to prove. Witnesses certainly can help.
A lawyer can help you achieve the desired outcome in a case like this by doing any number of things, such as obtaining surveillance footage to show when the substance or content that you slipped and fell on was spilled. In these kinds of cases, timing is very important. If you slipped and fell on a substance that was only on the floor for a very short period of time, then the bar or nightclub will likely prevail on the argument that it could not have reasonably have known to clean up the spill, assuming the spill did not occur within the sight of the bar or nightclub’s employees or management.
Finally, there are rare instances when someone has fallen, with severe injuries, because they were leaning over the railing at a multi-story bar or nightclub. In these situations, you have to prove that the railing was too low or not sturdy enough to maintain a normal person’s weight or height. Having the right expert to prove your case is vital in a case like this. In addition, most bars and nightclubs are either dimly lit or lit very poorly, making lighting an issue.
NEGLIGENT SECURITY AT BAR OR NIGHTCLUB
In many bar or nightclub accidents, one of the main reasons people get hurt is because a customer attacks another customer either at the bar or in the parking lot. Not surprisingly, in many of these cases alcohol is involved and is the fuel behind the fight that breaks out and that harms someone.
Bars and restaurants have a duty to provide adequate security for the bar or nightclub and parking lot. In instances where a fight has broken out and someone is injured, it may stem from the fact that there just simply was not enough security present to either deter a fight from starting in the first place or from breaking it up before someone is seriously hurt. In these kinds of cases, it is crucial to have the right kind of expert to determine the requisite level of security needed to maintain the bar or nightclub from being a dangerous environment for customers.
The kind of altercation that occurs at restaurants and bars may result in abuse that is physical, sexual, or emotional. In any case, the bar has a duty to deter this kind of conduct.
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DRAM SHOP LAWS FOR BARS AND NIGHTCLUBS
Alternatively, there may be what is called a dram shop case as well with respect to bars and nightclubs. In a dram shop case, this is where the bar or nightclub over-served someone too much alcohol, knew it and did it anyway, and then the person went out and drove and caused an accident with someone.
In any case, the bar or nightclub has a duty to make sure they are not overserving people too much alcohol. If you are in a car accident with someone who was served with too much alcohol by the bar or nightclub, then you have a claim against that person and the bar or nightclub. Again, just like in a case with not enough security, it is important in these kinds of cases to have the right expert on your case who can help prove liability against the bar or nightclub.