We go out to nightclubs in the city and in Long Island to have fun, but sometimes our night sees us ending up in the hospital with serious injuries. These injuries could have been caused by a slip and fall accident, or they could be the result of the violence that occurred.
No matter what the reason, nightclub owners are responsible for the safety of their guests. In instances where a nightclub owner’s negligence directly led to the injury, they could be held liable for the costs. Depending on the circumstances of your accident, security providers, management companies, or any number of other at-fault parties could also be named in your nightclub injury claim.
Injuries at a bar or nightclub can happen for any reason, including:
- Slip and falls
- Accidents involving structures in disrepair
- Assaults and bar fights caused by negligent security
- Unprovoked assaults by bouncers and other bar staff
- Over service of alcohol
- Injuries or deaths related to fires, stampedes, shootings, and more
A nightclub accident attorney can represent your case and point you towards the legal strategies that can help you seek the compensation you deserve. TonaLaw has successfully represented many injured New Yorkers, Long Islanders, and visitors from out of town who had a fun night turn ugly after an unfortunate event. We fight vigorously for your legal rights to compensation, standing up to wealthy business owners to firmly establish their liability for your injuries.
You can learn what your best legal options might be for obtaining compensation during a free consultation with one of our nightclub injury claim lawyers. Schedule your free, no-obligation consultation now by calling 1-844-TONALAW or by using our quick form to contact us online.
Proving Negligence as Part of Your Nightclub Injury Claim
Most injury claims filed against bars, nightclubs, and other businesses involve proving that the owner — or another party responsible for the business’s safety — was negligent. All negligence claims aim to prove four main showings:
- Duty: The nightclub has a duty to keep their premises “reasonably safe” to the extent that a “reasonable person” exercising “ordinary care” could
- Breach: The nightclub breached their duty by violating the law, committing an unsafe act, allowing an unsafe condition to persist, or failing to act in a way that could have prevented injury
- Injury: The breach in the nightclub’s duty of care directly lead to the victim getting injured
- Damages: The injury victim suffered losses for which they can be compensated
Slip and Falls and Other Accidents in New York Bars, Nightclubs
When a personal injury claim against a nightclub, bar, or other business involves an accident related to the property’s maintenance, then the injury victim will typically file a premises liability claim. New York premises liability laws aim to make properties safe to visitors, especially legally designated “invitees,” like patrons.
Under premises liability law, an owner or designated manager of a property has a duty to keep their property “reasonably safe.” This duty extends to maintaining the property, removing dangerous conditions, or at the very least warning visitors that a dangerous condition exists.
Importantly, most courts expect the injury victim to demonstrate that the business was aware that a dangerous condition existed — either because they saw the specific condition that caused the injury or because past experience showed that injuries could be likely because of a recurring dangerous condition. In other words, if a “reasonable person” exercising “ordinary care” couldn’t have known that a slippery puddle was there and had no history of slip and falls in their nightclub, then they may not be liable for the accident.
Similarly, visitors to a property are responsible for their own safety to the extent that “ordinary care” allows. If you were aware of the dangerous condition or acted in a way to make yourself less safe, then you may have your compensation reduced or denied entirely.
These legal gray areas show why it is so important to have an experienced New York premises liability lawyer represent you. They will attempt to document that the business had knowledge of a condition or that similar incidents occurred in the past. They will also counter common defenses that try to make the injury victim look like they were at fault for their own accident.
Negligent Security and Hiring at Nightclubs & Bars in New York
A negligent security claim works on many of the same legal theories that a premises liability case would: a business failed in their duty to provide a safe environment in light of safety threats that a “reasonable person” could have anticipated.
Common types of security negligence seen in businesses include:
- Poor lighting in unsafe areas
- A failure to remove aggressive or intoxicated guests
- Poorly trained security personnel and staff
- Security personnel who eject fighting patrons to the same place at the same time
- Poor hiring practices that lead to security personnel with criminal backgrounds, drug use, or a history of violence
- Lack of metal detectors and other security means after known issues with weapons
- Over-serving intoxicated patrons
Negligent security claims essentially argue that the business has knowledge of a risk condition and failed to act in a way an “ordinary person” exercising “reasonable care” would have to prevent harm. This includes situations where a bouncer injured a patron, and the bouncer was not acting in self-defense.
Injury victims who act as the initial aggressor or who agree to a “mutual affray” may not be able to prove that negligent security was the primary reason for their incident.
Hiring a negligent security lawyer can help you formulate a legal strategy backed by evidence that has a high chance of resulting in the compensation you need.
Hire a Nightclub Accident Lawyer to File an Injury Claim That Can Recover All of Your Damages
Damages available in atypical injury claimcan include money for hospital bills, lost wages, out-of-pocket expenses, pain and suffering, permanent scarring or disfigurement, loss of future earning capacity, and more.
You deserve to work with an attorney who is passionate about representing you in your case and giving you the highest chances of obtaining the maximum amount of compensation available for all of your losses.
TonaLaw is a no-fee law firm – We get paid when we win your case!
Find out more about your legal options and the most effective steps you can take for your nightclub injury claim when you call 1-844-TONALAW or contact us onlineto schedule a free consultation.