Unfortunately, busy Queensland nightclubs and bars, especially in large tourist spots such as Brisbane and the Gold Coast can be hotbeds for arguments and fights. This may be especially true on a busy weekend or during a drink special that attracts more unruly customers.
Have you been assaulted in a nightclub before by a security guard or another patron? Do you also know your legal rights in the situation? What if you were accidentally hit by an unintended punch or beer bottle? Then who would be liable? How would the legal process work in these situations?
It may be difficult to get your bearings together when a physical altercation has started, but East Coast Injury Lawyers has you covered to help you deal with the situation.
Generally, the one who causes the fight is liable
Assuming that you did not start or initially agree to the fight, the person who attacked you is generally liable under the intentional tort principles.
Yet, suing an individual in this situation often is not worth it because they may not have the money or insurance to be able to properly compensate you.
Thus, a consideration must be made to determine if the night club or bar itself was liable and responsible for your accident and the injuries.
Occupier’s Liability: Negligence
A nightclub or a bar are both businesses. Thus, these businesses have a duty to their customers to provide a reasonably safe environment and adhere to safety policies, guidelines and safeguards in order to protect their clientele from harm.
Pay attention to the operation of a nightclub business. This is why there are bouncers, guard rails on the higher level floors, friction grips on the stairs, and strict policies on where alcohol can be consumed on the premises.
Most nightclubs and bars follow relatively safe principles. But this may not always be the case.
Proving a Nightclub or a Bar was negligent
Usually, alcohol is a critical contributor to a fight and these cases often involve intoxicated assailants. It is up to the bar’s security staff and their alcohol service policies to minimize this risk.
All bars and nightclubs have a duty to act reasonably to provide reasonable security to its clientele and to impose a no-serve policy on patrons who are already too intoxicated. If needed, these people must also be ejected from the club if their behaviour seems to be escalating and leading to violent or dangerous behaviour.
What constitutes as reasonable security will depend on the circumstances. If the nightclub or bar caters mostly to mature clients for example, then security may not have to be as strict. However, if there is a history of violence or previous instances of intoxication or criminal behaviour such as drugs, then more strict security measures will be expected.
Some considerations to be made could include:
Violation of State Laws
If a nightclub or a bar violates state laws in Queensland such as serving underage customers, then these violations can also help present a stronger argument for the claimant.
Investigating a Nightclub or Bar fight: Some legal tips
A good Brisbane law firm with experienced personal injury lawyers will most likely try to acquire any surveillance video in the facility to use as evidence. However, sometimes, this video may not have adequate sound or may be of poor quality. As such, East Coast Injury Lawyers recommends the following:
An accredited specialist in personal injury is the best kind of professional to help protect your legal rights if you have been injured in a nightclub or a bar. These types of personal injury lawyers are highly experienced and specialized in their field and can help improve the chances of success in your claim.
East Coast Injury Lawyers is led by accredited specialists in personal injury who have also experience in representing insurance companies in insurance defence.
What does this mean? East Coast Injury Lawyers is able to provide your legal claim with a comprehensive analysis of both sides of the story. This may make your legal argument more effective in court and increase the chances of a successful outcome.
Would you like to know more about our successes and how we can help you succeed in your claim? All you need to do is simply fill out our case review form or contact us at 1300 720 544.
Contact us today! There are strict time limitations that apply when you make a claim against a nightclub or a bar for negligence.
Enter your details below and one of our accredited specialists will contact you as soon as possible for a free, no obligation case review.