Key Takeaways:
- Multiple parties can be liable for a bar or nightclub assault. In a nightclub assault claim, you could hold various parties accountable, including the person who attacked you, the nightclub owner, the property owner, and the security company.
- Nightclubs with insurance are often your best option. While your assailant is responsible, they rarely have assets to pay damages. Nightclubs typically carry substantial liability insurance that can fully compensate.
- Prior incidents strengthen your claim. If the nightclub had previous assaults or fights and didn’t increase security, they knew violence was likely and failed to protect you. This strengthens your legal case.
Maybe you’re unwinding after a long work week or just enjoying live music in one of NYC’s nightclubs. Then everything changes in seconds. Someone attacks you, and despite screaming for help, the venue’s security is nowhere to be found, or worse, they see what is happening and fail to act.
Nightclub assaults can leave you with more than physical injuries. Besides the cost of medical bills and lost wages due to time off work, you might be dealing with psychological trauma from your ordeal. But you’re not powerless. When a nightclub fails to provide adequate security, New York law gives you the right to hold them accountable and pursue damages.
Understanding NYC Nightclub Assault Liability
When you’re assaulted at a nightclub, you’re probably thinking that the perpetrator is responsible and, therefore, the party you should sue. Many victims don’t realize that the nightclub and other parties may also be responsible for their assault. Here’s a rundown of the potential liable parties in a NYC nightclub assault.
- Your assailant: The person who physically attacked you is liable. However, since most assailants lack insurance or significant assets, you may not have much luck in getting compensated.
- The nightclub owner/operator: The nightclub or bar can be held liable for negligent security if it failed to provide adequate safety measures. This can be your best option for recovery since nightclubs typically carry liability insurance.
- The property owner: If the nightclub leases the space, the building owner may share liability, particularly if they are responsible for the venue’s security or knew about violence problems at the nightclub.
- The security company: If the nightclub hired an outside security firm, that company can be liable for failing to properly train staff or respond appropriately to dangerous situations.
Since you could hold various parties liable, you could pursue compensation from various avenues. Your negligent security attorney will identify all potentially liable parties to maximize your compensation.
Premises Liability: A Nightclub’s Duty to Keep You Safe
NYC nightclub owners have a legal duty to keep patrons reasonably safe under premises liability law. When you enter a NYC nightclub as a paying customer, you’re legally an “invitee,” meaning you’re invited onto the property for the owner’s benefit.
Property owners owe invitees the highest duty of care, including protecting them from foreseeable harm. If a nightclub fails to provide reasonable security measures and you’re assaulted as a result, they can be held liable under negligent security law.
When is a Nightclub Liable for Assault in NYC?
Negligent security occurs when a property owner fails to implement reasonable security measures to protect patrons from foreseeable criminal acts. For nightclubs, establishments that serve alcohol, stay open late, and attract large crowds, fulfilling this duty is essential. Nightclubs are considered high-risk venues, and establishments serving alcohol have increased responsibility to prevent violent incidents.
Here are some examples of what can count as nightclub negligent security:
- Failure to hire adequate security staff for the type and size of the venue
- Untrained security personnel
- Broken or non-functional surveillance cameras
- Poor lighting in parking lots or interior spaces
- Ignoring prior assaults or violent incidents
- Failing to respond adequately when assaults and fights occur
How to Prove Nightclub Security Negligence in NYC
To hold a nightclub liable, you must prove the venue owed you a duty of care as a patron, that it breached that duty by failing to provide adequate security, and that this failure directly contributed to your assault and damages.
The key is “foreseeability.” Courts will examine whether the nightclub should have reasonably anticipated violence based on the venue’s history and neighborhood crime rates. If a reasonable nightclub owner had recognized the risk and taken preventive measures, but this venue didn’t, they can be held liable.
Evidence That Strengthens Your Claim
Prior incidents at the venue demonstrate that the nightclub knew violence was a problem. If there were previous assaults, violent robberies, stabbings, or fights, property owners should have taken steps to prevent future incidents.
Crime statistics for the surrounding area help establish foreseeability. Your attorney can obtain data from the New York City Police Department showing that the venue should have anticipated security risks. Complaints and warnings from patrons, neighbors, or police show the nightclub had notice and failed to act.
Compensation Available to NYC Nightclub Assault Victims
You could be entitled to compensation for medical expenses, including emergency treatment, surgery, therapy, and future care. You can recover lost income for wages missed during recovery and future earning capacity if injuries prevent you from working.
Depending on the severity of the assault, you may also be entitled to compensation for pain and suffering for any physical pain and emotional distress. Additional damages are available if you suffered permanent scarring, disfigurement, or a disability due to the assault.
How to Protect Your Rights After an Assault
Taking immediate action after an assault can help your legal case. Seek medical attention even if injuries seem minor. And report the assault to the police, as this creates an official record of the incident.
Request the nightclub’s incident report. If they refuse, your attorney can subpoena (request) it. Preserve clothing or personal items as evidence. Make sure to keep all medical records and bills. And don’t be tempted to discuss the incident on social media, as insurance companies may use anything you post to discredit your claim or reduce your compensation.
We Fight for Assault Victims’ Rights
Being assaulted can be traumatizing and change your life. But you don’t have to go it alone. At Berkowitz & Weitz Law, P.C., we’ve represented personal injury victims throughout New York City for nearly three decades. We can build your case by investigating a nightclub’s prior incidents, reviewing security footage, interviewing witnesses, and consulting security experts to prove the venue failed its duty.
The time to file a lawsuit and pursue compensation in New York is limited. Get started today and contact us for a free consultation to learn about your rights and options.