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  1. #1
    Join Date
    Dec 2012
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    Default Is a Bar Liable for an Injury Caused by a Sucker Punch from Drunk Patron

    My question involves an injury that occurred in the state of: California
    My son went to a Martini Bar in New Port Beach, Ca. He was talking to a girl for a couple of minutes and was suddenly shoved from behind and as he turned around, one of three men, who were together in the bar, punched my son in the face, smashing his cheek bone and nose. He had to receive immediate surgery and now we are burdened by several thousand dollars in medical bills and my son will have to have another surgery. Is the bar liable for damages or required to have insurance for such situations?

  2. #2
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    Apr 2009
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    Default Re: Bar Liable when Badly Injured by Sucker Punch from Drunk Patron

    The people who allegedly attacked your son are the ones perhaps liable for the medical bills.

  3. #3
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    Jul 2010
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    Default Re: Bar Liable when Badly Injured by Sucker Punch from Drunk Patron

    What negligence by the bar caused or contributed to your son being assaulted and injured?

  4. #4
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    Dec 2012
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    Default Re: Bar Liable when Badly Injured by Sucker Punch from Drunk Patron

    Hi, thank you for your response.

    My son indicated that a bouncer from the bar picked him up out of the brawling drunks and placed him outside of the bar; however, the bouncer failed to detain the man, who struck my son in the face, at the bar, until the police arrived. The police arrived and informed my son there was nothing they could do, because the 3 guys who assaulted him had left the scene.

    Obviously, what the man did to my son was criminal battery. My son didn't even see the punch coming. The bar bouncer would have been in his right to detain the customer until the police arrived and I would think that the bar owed a duty to at least attempt to obtain information about the man who struck my son.

    Additionally, my son indicated that the three thugs that came into the martini bar were apparently pretty menacing and surely, the bouncers could spot trouble; however, they waited until my son was struck, for no apparent reason, until they stepped in to get control of the three thugs.

    I would think that bars have insurance for this? Your thoughts? If they have bouncers at this bar, then I assume they have had trouble in the past. One would not assume that thugs/gang members hang out at martini bars? In other words, if this bar experiences this kind of trouble, where they have to have a couple of bouncers, perhaps they need to warn patrons that this is not a 'typical' martini bar or rename the bar the brawling martini?

  5. #5
    Join Date
    Sep 2011
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    OH10
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    Default Re: Bar Liable when Badly Injured by Sucker Punch from Drunk Patron

    Unless you think there is a law requiring bars to have each patron sign a promise not to assault another, it does not appear you have any argument. Bouncers are not police officers. You son should have insurance, instead of wasting his money in bars.

  6. #6
    Join Date
    Sep 2012
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    1,991

    Default Re: Bar Liable when Badly Injured by Sucker Punch from Drunk Patron

    the bouncers waited until the other customer did something wrong before kicking them out?

    that is what they are supposed to do, are you suggesting they should be profiling instead?

  7. #7
    Join Date
    Apr 2009
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    Default Re: Bar Liable when Badly Injured by Sucker Punch from Drunk Patron

    There's also a very strong possibility that events didn't exactly happen as your son described, OP.

  8. #8
    Join Date
    Sep 2005
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    California
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    Default Re: Bar Liable when Badly Injured by Sucker Punch from Drunk Patron

    Quote Quoting ryanolin
    View Post
    My son indicated that a bouncer from the bar picked him up out of the brawling drunks and placed him outside of the bar; however, the bouncer failed to detain the man, who struck my son in the face, at the bar, until the police arrived. The police arrived and informed my son there was nothing they could do, because the 3 guys who assaulted him had left the scene.
    The bouncers have no legal requirement to detain anyone. In fact, it could be dangerous to even try to do so.

    Could your son have been at least as inebriated as the fellows he was fighting with? Typically, in my many years of experience, I have found that the participants in such bar fights tend to be similarly inebriated.

    Obviously, what the man did to my son was criminal battery. My son didn't even see the punch coming. The bar bouncer would have been in his right to detain the customer until the police arrived and I would think that the bar owed a duty to at least attempt to obtain information about the man who struck my son.
    Yes, this was potential battery. Or, it may have been fighting in public. Your son tells you he was sucker punched ... that doesn't mean that is what happened, just that was what he told you.

    In any event, the bar is under no legal obligation to detain anyone. And, as I mentioned, it might be dangerous to even try.

    Additionally, my son indicated that the three thugs that came into the martini bar were apparently pretty menacing and surely, the bouncers could spot trouble; however, they waited until my son was struck, for no apparent reason, until they stepped in to get control of the three thugs.
    Your son may have thought they looked "menacing" but that doesn't mean there was any grounds to boot them. Should they boot your son because he looks "menacing?" And, can you objectively describe what it is to be "menacing?" I suspect that if they adopted a standard that says they boot people for what they MIGHT do simply because of an expression on their face, they will lose patronage or maybe even get sued. Perhaps only certain ethnic groups will appear "menacing" ... that would lead to a great many additional problems.

    I would think that bars have insurance for this? Your thoughts?
    Your adult son can certainly inform his insurer of what happened and maybe they will go after the bar for compensation if they feel that the bar is somehow liable. Or, if your son pays out of pocket, he can place a claim with the bar or their insurance company and see if they will pay off. I doubt it, but ... maybe.

    If they have bouncers at this bar, then I assume they have had trouble in the past.
    Maybe. But, many bars or clubs have security staffing as a condition of their local operating permit. And all because they have had problems in the past does not mean they have ESP to predict problems before they occur. Like the police, bouncers will tend to act on articulable, objective actions by others that give them good cause to take appropriate action. I doubt we would want the police arresting people for what they MIGHT do, or because they appear "menacing" ... would we?

    Your son can speak to an attorney if he feels he has a claim against the bar. This is ultimately HIS action, and his issue, not yours.

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