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While it is not the first thing most people think of when attending a nightclub or a bar, the business has a responsibility toward the safety of attendees and preventing a bar or nightclub accident. This also applies to stores, offices, hotels, restaurants and stadiums: Those operating these places have to take the necessary precautions to protect their customers.
Fortunately, most business owners or operators take into consideration that public safety is paramount. However, there are still companies whose main concern is profit, even though it means endangering the safety of their customers. But, when an accident does happen in a bar or nightclub, it may be time to file a bar or nightclub injury claim.
Common Causes For Injuries at Clubs and Bars
Nightclub injuries can be caused by multiple reasons, including a slip and fall accident or by negligent safety measures. People go to nightclubs to enjoy themselves, however, with dim lighting and alcoholic drinks, it is inevitable for an accident to occur.
Unfortunately, these mishaps can potentially cause personal pain, discomfort, and permanent physical and emotional damage. It is the task and obligation of a local nightclub to ensure the safety of its customers, thus avoiding bar and nightclub accident claims.
The following are some necessary steps that a nightclub owner and his employees must take to prevent an accident at the club:
- The nightclub maintenance personnel must put several warning signs to caution their customers of a possible accident.
- The bartender and other employees should also periodically check if there has been any spillage of beverages and should then warn the customers.
- The security of the nightclub should also be constantly aware of people’s actions and behavior, especially to help prevent a fight in the club.
If caution and awareness are not the priorities of the nightclub, then an accident injury in the place is very likely to happen, and you may be entitled to bar and nightclub injury compensation for your damages.
Who is Liable if I Was Injured In a Nightclub?
Premises Liability states individuals or businesses may be legally responsible for certain injuries or accidents that occur on their property. The following are just some types of negligent actions (or lack of actions) by owners, promoters, or event organizers that can cause result in nightclub and bar injury compensation claims:
- Inappropriate or negligent hiring practices, such as not being able to do a background check on someone who works in the nightclub.
- Inadequate supervision, such as not providing maintenance personnel.
- Inadequate or insufficient security, such as not hiring security guards trained in a place such as a nightclub.
- Overcrowding, as superior to the capacity of the place.
- Adequate lighting.
- Inadequate emergency safety, such as blocking of emergency exits.
Steps to Take After Injury in a Bar or Nightclub
Injuries in a nightclub may be caused by, but are not limited to, poorly maintained or negligent security facilities. When a person is injured during a visit to a nightclub, those who own the property are responsible for any accident that may occur, as well as the resulting bar and nightclub injury compensation claims.
If you want your bar or nightclub injury compensation claim to progress in the best way, you must act as soon as possible. Seek medical attention immediately if you are injured and make record of your surroundings in the club or bar when the injury occurred. Take names and contact information from any witnesses, if possible, and take photographs of the area in the club where you were injured, as well as photos of your actual injuries.
What Are Dram Shop Laws?
The responsibility of dram shop is related to the body of law governing the responsibility of bars, restaurants, taverns, liquor stores and other commercial establishments serving alcoholic beverages. The core of dram shop laws institutes the responsibility of establishments that go from the sale of alcohol to minors, or visibly intoxicated persons or minors who subsequently cause death or injury to third parties as a result of auto accidents related to alcohol and other accidents. Dram shop laws help protect the general public from alcohol-related hazards.
Comparative and Contributory Negligence
There are two types of negligence that can be applied to a personal injury claim: comparative and contributory. Depending on the state you live in, your claim may follow a pure or modified version of these systems.
If you are filing a personal injury claim in California, you should know that the state of California follows a pure comparative negligence system. A California personal injury lawyer can help you determine which negligence system your claim follows and how it may affect your compensation and the validity of the case. Whenever a claim is filed in the state, it will follow the system of pure comparative negligence, regardless of where the defendant is.
Proving the Severity of the Negligence
The comparative negligence in a personal injury claim in California is based on demonstrating the level of guilt of all parties involved. After reviewing the evidence of the claim, a judge or a jury will assign this value, which is expressed in a percentage.
For example, let’s say you were hit while driving your bicycle at night by a car that ignored a red light, and you had broken bones, and foot injuries. Statements from witnesses agree that the car blew the light, but you were wearing dark clothing, without adequate safety reflectors.
The judge may find that you were at fault for 10% of your injuries, but the driver was at fault for 90% of them due to the red light and you are still entitled to get compensation.
Do I Need Evidence to Prove My Claim?
Sustaining any level of injury can be traumatic. However, it’s important to not forget to properly document what happened and get the nightclub or bar owner’s information. In general, you will need to get the name of the owner, address, name of the insurance company, and policy number.
Also, try to clear your mind and find out exactly what happened. What were you doing right before the accident? You will need to be lucid enough to give the information to the police and the insurance company. Write down all the relevant information surrounding your personal injury inside the club.
Were there any witnesses? If so, you need their names and phone numbers. If you have a camera, take some photos of the place and of your injuries. All of this is useful during the claims process later on.
Dealing With the Insurance Company
When dealing with an insurance company, you are at a great disadvantage. The insurance company has significant experience in this area, and this is when working with a bar and night club attorney will certainly be to your advantage. They have handled hundreds of nightclub injury claims, and they know how to the value your claim – you do not.
If you reach a settlement prematurely with the insurance company, you may encounter early and non-covered medical expenses. Claims adjusters working for insurance companies can tell you that you do not need an attorney, and that if you hire a lawyer they will take the money that is yours out of your own pocket. But, an attorney can make a substantial difference in the final outcome, and increase the compensation you receive.
Nightclub accident cases can be complicated, but an experienced personal injury lawyer will be able to accurately analyze the value of your case and follow all the rules, requirements and reach deadlines that must be met. Without knowledge of nightclub laws and complex insurance laws and policies, a person could easily lose reasonable compensation.
Also noteworthy is the fact that statistics show that insurance companies pay more than double the compensation when an attorney is involved in their claim.
Starting a Bar or Nightclub Injury Claim
If you or a loved one has been injured at a nightclub, you should seek the advice of an experienced personal injury attorney. Avrek Law’s team combines more than 50 years of experience and has recovered more than $1Billion for personal injury victims in Avrek Law has recovered more than $1 Billion for our clients in over 45,000 cases. Read about our “no win, no fee” policy, view our locations, or contact our team by requesting a free nightclub injury compensation consultation – we’re here to help!.