Assaulted at a Bar, Should I Only Seek Medical Bill Coverage?

Question:

I was rushed to the E.R. and received 18 stitches in my forehead. I was knocked unconscious from the assault and woke up a few minutes later, I don’t remember anything surrounding the incident, not even leaving in the ambulance. I apparently told the cops that I did not want to press charges because I didn’t know what happened so the person was released. I did receive a copy of the incident report from the bar manager the next day, and also called the police department and got the names of the officers at the scene and the case number, but never got in touch with those officers since then. This was over two weeks ago. The incident report from the bar did mention that a bouncer was warning them shortly before the assault but failed to stop the incident from escalating

Answer:

There are really 2 issues here:  The first issue is whether there is liability on the bar for (i) negligent security, and/or (ii) overserving the person that assaulted you … (a) as someone known to the bar and/or its employees to be habitually addicted to alcoholic beverages … or (b) someone under the legal drinking age of 21, pursuant to Florida Statute, Section 768.125?  The second issue is whether the bar has medical payments coverage, as part of its insurance coverage?

With respect to the first issue(s), you will need to show some fault on the part of the bar and/or its employee(s).  Some of the important issues would include if the bar, through its owner(s) and/or employee(s), failed to provide adequate security to you as a patron/customer and/or knew that the  person that assaulted you was a habitual drunkard (and yet served that person).  If either can be proven, there may well be liability on the bar for your injuries and damages. Of particular importance would be issues as to whether this is a bar in which assaults are commonplace, whether the “assaulter”  had to be cut off or was highly intoxicated at the subject bar in the past … prior to the time you were asaulted.. With respect to the 2d issue, there is no need to prove, fault on the part of the bar and/or its employee(s).  You merely have to prove that you were injured on the bar’s premises. With respect to both issues, the bar will no doubt try to prove that you share the responsibility for your injuries, most likely because of the level of your own intoxication at the bar.  In any case, you should contact a local personal injury attorney as soon as possible.

This legal question was provided by a Avvo and answered by Dennis Morgenstern an experienced Tampa, FL Personal Injury Attorney.  This does not consent an attorney client relationship.