Going out to a bar is supposed to be a time to relax and enjoy a few drinks with your family, friends or coworkers. While most bars you go to are indeed good places to unwind, there’s unfortunately always the possibility that your security could be compromised and lead to an incident where you’re hurt. As a patron, you have certain rights that the bar’s management and staff have to keep in mind.
At Maison Law, we know how experiencing a negligent security incident at a bar is more common than most people think, and it can have a significant impact on your life. If you or a loved one faces such a situation, you have the right to pursue legal action against the bar and anyone else responsible. Our California negligent security lawyers offer free consultations to help you understand your options. Contact us today to set up yours.
Does a Bar Have to Keep You Safe in California?
When you’re a patron at a bar, have the same rights as you do at any other place of business in California. What this means, in the context of a negligent security incident, is that the bar’s management, staff, and owners have a:
- Duty of care to keep you and other patrons safe
Under California law, the bar also has to take reasonable steps to do this. Most of the time, this includes doing things like having surveillance cameras, keeping up with maintenance and other things around the property, controlling access to the property, and taking care of any known hazards on the property.
When this doesn’t happen, incidents can come up where you or other patrons get hurt. At that point, someone is legally responsible–or liable–for covering your injuries and damages. The starting point of any potential legal claim involves establishing the following:
- Breach – When the bar’s management or staff neglect to take sufficient precautions to ensure safety, especially when they are aware of potential risks, it means there was a breach of their duty to you.
- Predictability – If the bar’s management or staff reasonably could have anticipated the possibility of negative events, such as altercations or assaults, they ought to have prepared for such things.
- Causality – If their breach to implement adequate security measures directly results in harm to you, the owner or manager bears liability for the injuries you suffered.
- Harm – Genuine injuries or damages must be demonstrably linked to the lax security measures. In simpler terms, there must be a clear cause-and-effect relationship between the negligence and the harm you’ve suffered.
No matter what the circumstances are, being injured in any type of negligent security incident is incredibly frustrating. Not only do patrons visit bars to unwind, but they also expect management to take their security seriously. So, in the event that you’re involved in one of these incidents, it’s important to know what to look for.
How Can You Strengthen a Negligent Security Claim in California?
Like any injury claim, the ultimate strength of your case against a bar in California is going to rest on the evidence and putting together a compelling case to demonstrate that the bar failed in providing adequate security measures. Here are steps you can take:
- Document the Incident – Immediately after the incident, document as much as possible. This includes taking photos, gathering witness statements, and preserving any evidence related to the negligent security.
- Call the police – Report the incident to the police and ensure an official record is created. This documentation can serve as crucial evidence in your claim.
- Seek medical attention – If you sustained injuries, seek prompt medical attention. This not only ensures your well-being but also establishes a clear connection between the incident and your injuries.
- Preserve evidence – Preserve any evidence related to the incident, such as surveillance footage, photographs, or any objects involved.
- Document your damages – Keep records of any financial losses or damages you incurred as a result of the incident. This includes medical bills, missed paychecks, and other related expenses.
- Act quickly – Time is crucial in legal matters. Act promptly to gather evidence, file reports, and consult with our team to ensure that your claim is timely and effectively pursued. You have two years from the date of the incident to file an injury claim in California.
Where Our Team Can Help
Remember, consulting with our team is free, but it’s also very important to understand the specific circumstances of your case and to navigate the legal complexities involved. With our experience, we can help with the following:
- Identifying lack of security – We can clearly identify the security measures that were lacking. This could include inadequate lighting, lack of security personnel, or failure to control entry and exit points.
- Collecting witness statements – Part of our process is to gather statements from witnesses who can attest to the lack of security or the unsafe conditions. Their firsthand accounts will serve to bolster your case.
- Reviewing bar policies – Our team can examine the bar’s policies and procedures related to security. If there are lapses in adherence to industry standards or legal requirements, it can be crucial evidence of negligence.
- Reviewing past incidents – We can investigate whether similar incidents have occurred at the bar in the past. This information can demonstrate a pattern of negligence on the part of the establishment.
- Evaluating staff training – We’ll take steps to evaluate the training provided to security personnel. If there are deficiencies in their training or if they were not equipped to handle such situations, it can contribute to the claim.
Damages Available in a Negligent Security Claim Against a California Bar
When you decide to file a claim against a bar following an injury resulting from negligent security in California, you generally have two options: an insurance claim or personal injury lawsuit. The aftermath of such incidents often involves significant harm and losses. California’s personal injury law addresses this by permitting victims to seek financial support, otherwise known as “damages.” In such claims, you may be able to recover the following:
- Medical expenses – You can seek reimbursement for medical bills associated with injuries sustained during the crime, covering hospitalization, surgeries, treatments, medications, and rehabilitation.
- Pain and suffering – Damages may be awarded for physical pain, emotional distress, and psychological trauma resulting from the criminal act, encompassing both immediate suffering and long-term emotional impacts.
- Lost wages and future income – If injuries prevent you from working, you may recover compensation for lost wages and potential future earnings.
- Property damage or theft – If personal property was damaged or stolen during the crime, you have the right to seek reimbursement for repair or replacement costs.
- Wrongful death or permanent disability – In cases of death or severe injury leading to death, surviving family members can proceed with a claim for damages covering funeral expenses, loss of financial support, and emotional suffering.
- Mental health services – Costs related to mental health services needed to cope with the emotional aftermath of the crime can be recovered.
- Attorney fees and court costs – Depending on the circumstances, you may be able to recover attorney fees and legal expenses incurred during the pursuit of your claim.
- Punitive damages – In cases of gross negligence or intentional harm, the court may award punitive damages to both punish the wrongdoer and deter similar behavior in the future.
The total amount of what you can recover depends on several factors, including the specific circumstances surrounding the incident, your percentage of fault, commonly referred to as comparative negligence, and the skills and experience of our legal team. All of these play a pivotal role in shaping the outcome. Our team is dedicated to constructing an effective case and strongly negotiating on your behalf. Our ultimate goal is to make sure you have the best possible chance of securing the result you deserve.
Contact Our California Negligent Security Lawyers Today
Any incident that was caused by negligent security at a bar has the potential to profoundly impact your life. Whether it be injuries or emotional trauma, being hurt at a bar because they didn’t take care of your security is frustrating, but you’re not alone. Maison Law and our team of negligent security lawyers will help guide you through the legal process and get the result you deserve. Contact us today to set up a free consultation.
