Bars and other establishments that serve alcohol can be a lot of fun. At the same time, these can also be dangerous places if there is not proper security and/or if patrons are overserved. You may be wondering: Is a bar in Kansas City liable if a person is injured in a fight? The short answer is “it depends—the specific circumstances always matter. With that being said, a bar may be liable under premises liability law. Here, our Kansas City premises liability attorney highlights key points that you should know about holding a bar liable for an injury suffered in a fight.
Liability Under Premises Liability Law: Did the Bar Fail to Provide a Safe Environment?
To start, it is important to emphasize that a bar in Kansas City is by no means responsible for the injuries a patron sustained in a fight. Quite the contrary, you must prove negligence by the bar in order to bring a successful civil lawsuit. Under premises liability law, property owners—including bar owners—are required to take reasonable steps to keep their premises safe for customers. If a bar fails to provide adequate security, it could be held liable for injuries suffered in a fight. Key factors in determining liability include:
- Whether the bar had a history of violent incidents;
- Whether sufficient security personnel were present; and
- Whether the establishment took any steps to prevent foreseeable harm.
Note: If a person is responsible for causing a fight, they could be denied compensation through a civil premises liability claim.
Dram Shop Liability: Was the Injured Person Hurt by an Overserved Patron?
In many states, bars can be held accountable under “dram shop” laws if they serve alcohol to an obviously intoxicated person who then causes harm. These laws are relevant in Kansas City. Missouri and Kansas have different approaches to dram shop liability. In Missouri, a bar may be liable if it knowingly serves alcohol to an intoxicated individual who later injures another person. However, Kansas has more restrictive dram shop laws. Broadly speaking, liability through a dram shop claim is limited in Kansas unless the patron who caused the harm was a minor.
Injured Victims Deserve the Maximum Compensation
If you were assaulted in a bar, you have the right to seek compensation for the full extent of your damages through a premises liability claim. Unfortunately, bars and their insurance companies can make the claims process very hard. You may be able to recover for:
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Medical expenses;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Contact Our Kansas City Premises Liability Lawyer Today
At House Law LLC, our Kansas City premises liability attorney fights tirelessly to protect the rights and the interests of injured victims. Do not go it alone. You need high-end legal advocacy. Assaulted in a bar? We can help. Contact us today for your free, no obligation case review. From our Kansas City office, we handle premises liability cases in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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