In movies and on television, brawls happen often. When one group encounters another, it often results in a fight where plenty of objects are destroyed and many people are injured.
What happens if something similar happens in real life? Who is liable if someone gets hurt? Find out below.
Suing Your Assailant
Most bars are peaceful places where many go to grab a glass of alcohol and catch up with a friend or meet other people. However, sometimes, alcohol fuels rage and a fight ensues.
Usually, if you had no hand at starting the violent altercation, the aggressor or the person who attacked you will be liable. The situation falls under intentional tort which occurs when a person is harmed due to another individual’s intended conduct.
If, for example, you are on a night out with a friend and an intoxicated stranger punched you or cut you with a broken bottle, you can file a claim to seek compensation for medical and dental bills, loss of wages, and pain and suffering directly caused by the fight. Call a personal injury lawyer immediately to advise and guide you. There are law offices in West Jordan, Utah who will be willing to tell you if you have a case in your hands.
This, however, only applies if the altercation was not agreed upon by both parties beforehand. A mutual affray is an intent to fight between both parties.
The Bar/Nightclub Has a Responsibility to You
A bouncer is usually employed by bars and nightclubs to diffuse tension between groups of people and protect its customers from intoxicated assailants. These types of establishments also have the responsibility not to serve alcohol to customers who may have reached their limits.
Thus, you can ask a bar or a nightclub for compensation if you can prove that the fight and the resulting injuries you received from the incident are directly caused by neglect.
Aside from hiring a bouncer, there should be other measures adopted in places where violent altercations may arise. For example, securing tables and chairs to the floor and using plastic cups instead of glass so they will not be used to harm another.
As per the dram shop laws, the business that serves alcohol to minors and observably intoxicated individuals is liable for the resulting property damage, injury, or death.
Moreover, if the bar or nightclub has violated local laws, it can be used against the business if you decide to sue. For example, the business stayed open after closing hours, it can help your case. Again, consult a lawyer to find out what you can do.
When Both Parties Agreed to the Brawl
In the United States and anywhere in the world, fighting in public is illegal. Being involved in a brawl can land you in jail.
Fighting in public is considered disorderly conduct. You have disturbed the peace within your community and you, therefore, are liable. The punishment for disorderly conduct varies from state to state or, sometimes, county to county. You may also be charged if someone gets hurt.
Brawlers may be accused of assault or battery. Assault means a person is threatened harm and has the means to follow through. It is considered battery if the threat proceeded to actual touching.
As much as possible, do not get involved in a public fight. Nothing good ever comes out of it. However, if you unwittingly were dragged into a brawl and received an injury, call your lawyer. The law is on your side.