Can I File a Lawsuit If I Was Attacked at a Nightclub?

Over the past 25 years, the violent crime rate in the United States has declined sharply, but the risk of being injured in a violent attack is still high in social venues where alcohol is served. If you were injured at a nightclub, you may have grounds for a personal injury claim against both the aggressor and the venue where the incident occurred. The attacker may not have the finances and assets to compensate you for medical bills and other damages, but the business should have insurance coverage for injuries that happen on their premises.

Unfortunately, the insurance company will go to great lengths to deny or undervalue your claim. For example, they might argue that you instigated the attack or that you are exaggerating the severity of your injuries.

Read on to learn about proving negligence and damages after an attack in a nightclub:

Demonstrating Negligence 

For your premises liability claim to be successful, you must be able to prove the negligence of the property owner or occupier contributed to your injuries. In other words, the owner of the bar, restaurant, or nightclub must have breached a duty of care owed to you, and this breach must have contributed to the damages you incurred.

Here are a few ways the negligence of a nightclub owner could contribute to a violent attack:

• Failing to train security guards adequately;
• Failing to schedule enough security guards during peak times;
• Failing to install sufficient lighting and/or surveillance equipment in the hallways and parking lot; and
• Failing to train bartenders to cut off visibly intoxicated patrons. 

Proving Damages 

Proving the owner of the nightclub is liable for your damages is only one part of building a successful premises liability claim. Your attorney must also demonstrate the value of the damages you have suffered. Essential evidence might include:

• Photographs of any visible wounds;
• Your daily journal entries about how the injuries are affecting your everyday life;
• Medical records, prescriptions, and diagnostic images;
• Paystubs and recent tax returns; and
• Invoices and receipts for childcare, home care, and other expenses related to your injuries.

Gathering this documentation takes time and may require a thorough investigation. Depending on the facts surrounding your case, a medical, financial, or vocational expert may need to assist with the investigation and perhaps provide testimony. A seasoned premises liability attorney can handle these tasks on your behalf so you can focus on recovering. 

Discuss Your Case with a Premises Liability Lawyer in St. Cloud

If you want to sue a restaurant, bar, or nightclub following an attack on their premises, turn to Bradshaw & Bryant. Our personal injury attorneys understand the physical, emotional, and financial stress that a serious injury can place on you and your loved ones.

For six years in a row, attorney Michael Bryant has been recognized as a SuperLawyer and has been named among Minnesota’s Top 40 Personal Injury Lawyers by Minnesota Law & Politics. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation with a premises liability attorney in St. Cloud.