Can I Sue For Being Attacked In A California Bar or Nightclub?

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By Yosi Yahoudai
Founder and Managing Partner

Have you been attacked and injured while at a bar, restaurant, retail store, nightclub or other business in California? You have a right to be free from attacks in the State of California and have the right to recover money to compensate you for your medical bills, pain and suffering, loss of work, and emotional distress.

This article will help you to understand if your circumstance is likely to result in a good case with a successful outcome if you decide to sue the other party for attacking you. J&Y Law Firm in Los Angeles, California has years of experience with injuries of this nature and this article will assist you in determining what your next step should be after gathering information about a potential lawsuit.

How Do I Know If I Can Sue After Being Attacked In A Business?

The California Supreme Court has determined that a “special relationship” exists between owner and customer in California businesses. This relationship involves things like making sure a drunk patron does not drive, providing medical care such as calling 911 if someone has a heart attack, and warning customers of dangers in the parking lot such as wild animals or sinkholes. This same principle applies if an owner or employee knows that the individual who attacked you was dangerous and had adequate time to warn you but failed to do so, thus allowing the attack to occur. 

Similarly, if a bar knows that customers have a history of being robbed in their parking lot but fail to take action to notify customers or prevent future robberies, the bar would be liable in that situation. In any situation where a business is aware of a potential threat to a customer and fails to act, that is illegal in the State of California and is grounds for a lawsuit. 

Some examples that could indicate that a business knew that a customer was in danger and failed to act appropriately include:

  • An individual that was banned from the establishment not being immediately thrown out or having the police called on them when entering the business illegally
  • An individual with a history of starting fights or making threats not being banned from the business and allowed to return after repeated instances of such behavior
  • Two individuals fighting and security removing the individuals to continue the fight on their property
  • Failing to take action when a fight breaks out in the building or outside on their property
  • Creating or fostering an environment where violence is allowed or encouraged

The Severity of Injuries Matter

young ladies wearing masks at a fancy party

Unfortunately, in the State of California the amount of money you can likely collect from a lawsuit after an attack at a bar, restaurant or other business is partially determined by the severity of the injuries that you receive. For example, if you only received a black eye and a sprained wrist, your settlement value is likely not going to be as high as someone who had to undergo multiple rounds of surgeries. 

You should consult with an experienced California personal injury attorney for more specific information regarding your exact circumstance, as many factors and details go into determining what makes a lawsuit successful.

The Importance of A Skilled Personal Injury Lawyer

In California, getting paid after a lawsuit involving a bar, nightclub, restaurant or other retail business can sometimes be the hardest part of the job. Many nightclubs are only required to have general liability insurance, which may not cover all types of assaults, however, they often hire security guards from various security companies, who are required to have their own commercial policies. Other times, an event will have a promoter who has their own insurance policy. A good personal injury attorney will carefully review the facts of your case and find a strategy that will result in you getting the compensation you deserve.

That is why it is vital to have a personal injury attorney like the team at J&Y Law Firm, who have recovered millions for their clients. Contact our office to schedule a free case evaluation with an experienced Los Angeles injury lawyer. Let’s work together to get you the money you deserve for your pain and suffering so you can find justice.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.