Did you know Texas bar fights are relatively common, and aggressive behavior is more likely to happen at a bar than any other public establishment?
In a 2006 study, researchers went into 118 bars during busy hours and observed people’s behavior. Over 40% of the bars they visited had at least one aggressive encounter between two people.
Another study published in Addictive Behaviors found that 33 percent of men and 20 percent of women between the ages of 18 and 30 had experienced aggression in the previous year (as either perpetrator or victim), and bars were the most common location for aggression.
Despite these studies, the majority of bars in Texas are peaceful and fun. That’s why people go to bars…to unwind and have a good time. But sometimes the combination of aggressive people and alcohol can lead to Texas bar brawls. These fights have serious consequences for participants and bystanders alike, including injuries and jail time.
But what most people don’t know is that if you’ve suffered a bar brawl injury in a Texas bar fight, you may be entitled to compensation from the bar or nightclub if you can prove that they were negligent.
It’s not always clear what constitutes a liability for a bar or nightclub brawl claim. That’s why you need expert bar fight lawyers on your side if you’re involved or injured in a bar brawl. They can get the process started, conduct investigations, and shepherd your case through the legal process that ends in you getting paid for your pain and suffering.
To help clarify exactly when nightclub or bar liability comes into play in a bar fight, let’s take a closer look at some examples. There are essentially three types of liability that can be established when it comes to bar fight injury claims:
- Dram Shop Laws
Under Texas Alcoholic Beverage Code Ann. §2.01, a bar or retailer is liable if it sold, provided, or served an alcoholic beverage to a customer who was obviously intoxicated at the time the transaction took place, and that customer went on to cause injuries and property damage due to his or her intoxication.
Basically, a bar or nightclub is liable if they over-serve someone and that person injures you or damages your property.
- Premises Liability
A bar or nightclub is liable for damages when it fails to take strict steps to avoid reasonably foreseeable problems. Imagine a rowdy Texas bar (with a reputation as a rough bar). To keep things safe, they should be serving drinks in plastic cups (no glasses that might serve as potential projectiles in a fight), employing multiple bouncers, hiring an off-duty police officer to monitor the establishment, and firmly securing the tables, chairs, and stools to the floor.
If they don’t and a bar fight breaks out, the bar may be found negligent if a bar fight injury claim is brought against them.
- Violating Alcohol Sales Laws
If a bar or nightclub is breaking laws regarding underage drinking, hours of operation, or marketing (use of drink specials and enticements, like “happy hour” and “two-for ones”), it will go a long way to winning a bar brawl injury claim if someone is injured.
This list isn’t exhaustive, so the best thing to do is consult an expert bar brawl attorney to determine if you have a case or not.
If you’ve been injured in a Texas bar fight, it’s worth looking into whether you can get the restitution you deserve for your injuries from the negligent bar and club owners. For that to happen, you need to find the right nightclub fight attorney. Your bar brawl lawyer needs to have a proven track record and the investigative experience it takes to win the compensation you deserve.
Contact Malley Law Firm to get the process started for free.