Do you think evidence is important in a bar injury claim?
You’re out with your friends at a Dallas nightclub or your favorite bar. Everyone is having a good time, people are dancing and having a few drinks. You go to sit down on a barstool, and one of the legs breaks out from under you. Down you go…all the way to the hardwood floor, landing headfirst and suffering a concussion.
Now you’ll have to see a neurologist ASAP, and if your head injury is bad enough, you might never be the same. Just because of one broken barstool, your fun night out is ruined and you have to pay medical expenses and suffer the consequences of a head injury. In this hypothetical, the nightclub is responsible for your injuries because they provided a broken stool for the public to sit on. But, the nightclub isn’t going to just cut you a check for damages on the spot or pay you cash for an ambulance ride.
To get damages paid in full, you need to file an injury claim and prove that the establishment operated negligently and that negligence resulted in you getting injured.
It doesn’t matter if you got injured in a bar brawl, got hit by a drunk driver, fell because of a piece of shoddy furniture, or took a fall because of a slippery surface: you have to file a claim to get compensation. But your claim won’t go far without having the right evidence to back it, so always gather evidence for a bar injury claim.
The burden is on you to prove the bar or nightclub is liable for your damages, including medical bills, lost wages, and emotional distress. In a bar or nightclub claim in Texas, your burden of proof includes showing:
- The bar or club owner had a duty of care to protect you from injury.
- The injury/accident was foreseeable.
- The owner or employee was negligent.
- The negligence caused your injury.
- You have verified injuries.
The best chance of proving an injury claim comes when you partner with a bar fight attorney with a long track record of success. They can help guide you through gathering any evidence and outline what needs to be done to secure compensation for your injuries.
So, what should I do after suffering a bar or nightclub injury?
You should collect evidence that backs your claim.
Make sure to:
- Get witness information. Collect contact info of any witnesses who saw what happened and can help your case.
- Gather any pictures or videos of your injury or what caused your injury.
- Keep any medical or emergency room records that link the injury to the establishment.
- Report injuries to bar owners or managers as soon as you are injured, and also get their contact info.
Insurance companies and establishments aren’t going to just simply pay for what they did to you. It’s up to you and whichever Texas bar injury attorney you hire to prove that the bar’s negligent actions led to your injuries and suffering. It can take a ton of time and effort to collect, organize, and present evidence for your claim. That’s why it’s important to contact Malley Law ASAP to get the help you need.