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 the attendees.
No matter if the place is in a store, an office, a hotel, a restaurant, or a stadium, 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.
Nightclub injuries can be caused by multiple reasons, either by a slip and fall accident, or by negligent safety measures.
People go to nightclubs to enjoy themselves, however, with dim light and drinks, it is inevitable for an accident to occur.
Unfortunately, these mishaps can potentially cause personal pain, discomfort, and/or permanent physical and emotional damage.
Contact Avrek Law Firm
If you were injured in a bar or nightclub don’t delay the process of getting help.
Avrek Law has over 50 years experience and has recovered over $1 Billion of our clients.
You can contact our attorneys at 866-598-5548 or contact us on our website for free consultation.
We are here to help and make sure you get maximum compensation for your injuries.
Common Causes For Injuries at Clubs / Bars
It is the task and obligation of a local nightclub in California to ensure the safety of its customers.
The following are some necessary steps that a nightclub owner and his employees must take to prevent an accident at the club.
In order to avoid a slip and fall injury:
- 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.
Who is Liable if I Was Injured In a Nightclub?
Because of something called “premises liability,” 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:
- 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
What to do Immediately After Being Injured in a Bar
Injuries in a nightclub may be caused by – but 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.
If you want your injury to progress in the best way, you must act as soon as possible.
Therefore, it is you who must act. Seek medical attention immediately if you are injured.
If possible try get photos (even on your cell phone) of the physical area, and get contact info from witnesses.
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 the claim is filed in the state, you will be following 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.
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?
Do not forget to properly document what happened and get the nightclub’s owner’s information.
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.
In general, you will need to get the name of the owner, address, name of the insurance company, and policy number.
Make a memo with 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.
They have handled hundreds of nightclub injury claims, and they have an idea regarding the value of your claim – you do not.
But, 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.
However, an attorney can make a substantial difference in the final outcome, and increase the compensation you receive.
If you have been seriously injured or are unsure of the outcome of your injury, you should consult an attorney.
These cases can be complicated. In such cases, a lawyer will have the legal knowledge, time, and resources necessary to effectively handle your claim.
An experienced personal injury lawyer will be able to accurately analyze the value of your case and follow all the rules, requirements, and deadlines that must be met.
You will probably have to deal with a professional insurance adjuster from an insurance company.
The only job of the adjuster is to try to resolve the claim for as little money as possible.
Without knowledge of 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.
Do I need a lawyer?
If you or a loved one have been injured at a nightclub, we recommend that you seek the advice of a lawyer.
With more than 50 years of experience, our personal injury lawyers can help you with your case.
We have assisted people who have been injured in concerts, nightclubs, and sporting events in the past, and we can help you get the maximum compensation out of your claim.
Poorly maintained or negligent security facilities may result in injuries in nightclubs; due to a term called “premise liability”, the owner of the property is held responsible for such mishaps.
If you or a loved one has suffered an accident at a nightclub, please contact our Night Club Injury Attorneys for a free, personal, confidential consultation.
Call us today at Avrek Law Firm for your free consultation.
We want you to have the representation you deserve.
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