If a person was beaten in a bar parking lot but the argument started in the bar, is the bar liable?
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If a person was beaten in a bar parking lot but the argument started in the bar, is the bar liable?
Asked on January 9, 2015 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The bar parking lot is part of the property owned by the bar and therefore the bar is liable for an injury occurring on its premises.
The bar is liable for the medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss of the injured person.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, the bar is not liable. A property owner, a renter, or a business--and the bar is at least one, possible two, of these three--is not liable for the criminal acts (and assault is a criminal act) of third-parties (i.e. people not employed by the property owner or business), simply because a person is hurt on their property or in their business. The property owner, renter, or business is not the insurer of their visitors or customers; they are only liable if they were actually at fault in causing the injury, and the fact that the fight started in the bar does not make them at fault.
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