Unfortunately, assaults in bars and nightclubs are not uncommon. Whether sparked by alcohol, overcrowding, or poor security, violent incidents can quickly escalate. This can leave crime victims with serious injuries and lingering trauma.
If you were assaulted in a Philadelphia bar, one of the first legal questions that may arise is: Can the bar be held liable after an assault? In many cases, the answer is yes, but it depends on the specific circumstances.
Bars Have a Legal Duty to Keep You Safe
Under Pennsylvania law, bars and nightclubs have a duty to provide a safe environment for their guests.
When they fail to meet that responsibility, and someone gets hurt, they can and should be held accountable. Like all public businesses, bars are required to take reasonable steps to prevent foreseeable harm.
In incidents of assault, negligent security can be to blame. It means that owners and managers failed to take action to protect their customers from dangerous situations, including potential violence.
Bars, nightclubs, and other businesses need to protect their clientele. They should:
- Hire trained and professional security staff
- Monitor guests for signs of aggression or intoxication
- Control the size of crowds
- Respond quickly to escalating situations
- Refuse to serve alcohol to visibly intoxicated patrons
When a bar ignores these responsibilities and someone gets assaulted, the bar may be liable for the harm caused.
How Can a Bar Be Held Liable for Assault?
Not every assault leads to a lawsuit. However, you may have a valid legal claim if the bar’s actions or inaction played a role. Here are some situations where the bar could be liable:
Lack of Adequate Security
If a bar is known for getting rowdy or is in an area where fights often break out, it should have trained security on site. The bar could be on the hook when they fail to do so, and someone gets hurt.
Failure to Intervene
If employees saw trouble brewing and did nothing to stop it, they may have failed in their legal duty to protect you. That can range from ignoring a heated argument to allowing someone agitated to stay inside; this inaction can lead to serious consequences.
Over-Serving Alcohol
Pennsylvania has a Dram Shop Law (47 P.S. § 4-493). This states that bars cannot serve alcohol to someone who is visibly intoxicated. If a bartender continues to serve someone who is drunk, and that person later attacks someone, the bar can be held responsible for that decision.
Assault by a Bouncer or Employee
Unfortunately, not all assaults come from other patrons. Sometimes, security staff or bouncers cross the line and use unnecessary force. If a bar employee injured you, the bar itself could be liable for negligent hiring, training, or supervision.
In these cases, the bar may be held vicariously liable for the employee’s actions under the legal doctrine of respondeat superior.
How Do You Prove the Bar Was at Fault?
Winning a case like this requires solid evidence. Your legal team might need to secure:
- Security camera footage
- Witness statements
- Police or incident reports
- Medical documentation
- Expert testimony, such as from a security consultant
An experienced personal injury lawyer will know how to collect and present this information to build a solid case on your behalf.
Keep in mind that these claims are filed as civil lawsuits. You may be able to pursue separate criminal charges against the person who assaulted you. Even if the attacker is never caught or charged, you may still have a valid claim against the bar itself.
At Laffey Bucci D’Andrea Reich & Ryan, we’ve helped many victims of bar and nightclub assaults get the justice they deserve. We will listen to your story, walk you through your legal options, and fight to hold the responsible parties accountable.
You didn’t ask to be assaulted, but you can take control of what happens next.
Contact us today to learn more about taking the next steps for your potential claim.