Posted on October 9, 2018 in Firm News
Clubs are a staple of the Las Vegas nightlife, providing a place for people to drink, dance, and socialize. While most people head to these locations for fun, there is still a chance of injury – especially in rowdier locations. Whether you suffer damages because of a slip and fall accident or a confrontation with another club goer, you may be eligible to recover compensation for your injuries by filing a premises liability lawsuit. So, what steps should you take?
Holding the Assailant Liable for Your Injuries
Because many nightclubs serve alcohol, there’s a chance that guests can become intoxicated and even start fights. If you suffered injuries due to a fight in a nightclub, you may have grounds for a lawsuit. However, you only have this right under certain conditions. For example, you must not be the person who started the fight, and you also have no right to compensation if you and the other party mutually agreed to fight.
On the other hand, if you were the victim of a fight and sustained injuries, then you would be able to hold the person that attacked you as liable for your injuries. The problem with this approach is that, depending on who your assailant is, he or she may not have the appropriate insurance or resources available to compensate you for your injuries.
Holding the Club Liable Under Premises Liability
Even if you can’t recover compensation from your assailant, or you suffered injuries from circumstances other than a fight, you still may be able to file a claim. The nightclub itself can be responsible for your injuries under the concept of premises liability.
Property owners have a duty of care for everyone who legally enters their property – and nightclubs have these same legal obligations. Holding them responsible for your injuries can vary, depending on your circumstances.
Club Liability in a Fight
Holding the club liable for injuries sustained in a fight can be a little less direct than it is when holding your assailant liable. However, the duty of care to customers includes preventing circumstances that can easily result in a fight. One potential ground for liability in this situation would be investigating the club’s alcohol policies. If the club was serving alcohol to your assailant despite clear signs of intoxication, the nightclub would be liable.
Additionally, clubs must also provide reasonable security. Nightclubs that regularly see fights should have some security ready and present to protect their guests. Not doing so violates the club’s duty of care to its customers.
Club Liability for Other Injuries
Many nightclub injuries may be caused by fighting, but those are not the only types of damages that can happen. Any other accident that happens on the nightclub’s property may also be eligible for compensation, so long as the accident resulted from the club’s negligence.
For example, clubs can quickly become crowded with too many people to move around safely. This environment can lead to many types of injuries, including overheating and exhaustion. Patrons spilling drinks and club staff failing to clean the spill up in a reasonable time can cause slip and fall accidents. Improper maintenance can cause dangerous structures to fall and injure guests.
If your injury is not because of a fight, but instead from an overly aggressive bouncer or member of the staff, then the club is liable for those damages as well. The specific employee that caused the injuries would also be liable.
Since many types of injuries can happen in nightclubs, there are many legal options that can be a part of your case. If you’ve suffered an injury in a club, you should be sure to report the incident to the club, then consult with an injury attorney to learn your best course of legal action.