The perpetrator of an intentional tort will always be liable, assuming
that the victim suffered some form of harm and damages. The basic legal
premise is that society values holding wrongdoers accountable for their
intentional acts. Of course,
some torts are unintentional but nonetheless will allow the injured party to sue the offending party
responsible for harms caused. The most common unintentional tort is negligence.
And typically the alleged negligent party has failed to do something that
which should have been done.
In the case of bar fights, the alleged attacker can be held accountable
by way of civil litigation founded in a battery claim. The victim’s
compensation would be monetary. So if the victim wins the case and is
awarded compensation, that victim would seek the defendant’s money
and attach the assets of the defendant to collect if need be.
Experienced Poughkeepsie personal injury attorneys know that some defendants are “judgment proof”. This means
that the defendant has no assets, liquid or otherwise, that which the
plaintiff can take for compensation. Most certainly the defendant would
also not have been insured to cover liability in the event of a bar fight.
Consider where this type of fight occurs. The property is commercial and
the owner is going to be insured and most likely has assets to cover the
bar fight victim’s injuries. Suing the bar owner is a way for the
victim to receive compensation. You should know that it is possible to
hold bar owners liable for fights occurring on the premises.
General tenets of
premises liability dictate that property owners must keep the grounds reasonably safe for
visitors so that foreseeable and preventable harm is avoided. The bar
fight victim’s claim would be founded in negligence; an unintentional
tort as mentioned above.
If the bar is the type that would see brawls break out, the ownership must
take measures to keep patrons safe. Bars in college towns or “biker”
bars come to mind. These establishments should employ bouncers and other
types of security to ensure that unruly patrons are not allowed in or
are asked to leave before people are injured. Perhaps drinking glasses
would be plastic instead of glass. If another owner of a similar type
of establishment would have taken these measures, then the offending bar
owner may have been unreasonable in choosing to not do the same.
Perhaps the most obvious safety measure would be to not serve alcohol to
minors and intoxicated persons. Doing such could give rise to negligence.
Additionally, the locality or state in which the bar is situated may have
dram shop laws that specifically prohibit selling alcohol to intoxicated
Learn more about intentional torts and their liability, types of torts,
and how to receive compensation in
our article here. Read about what intentional torts are
in our blog post available here. Find out what the difference is between a tort and a crime
in our blog post available here. Learn about the two most common intentional torts causing personal injury,
assault and battery,
in our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.