Individuals who are under the legal drinking age in Pennsylvania often try to go to bars/clubs and are often successful. Some underage individuals have fake IDs, while others may know the bouncer at the bar or club who let them go in despite the fact that they are underage. When underage individuals harm other patrons in the bar or club in a fight after becoming intoxicated, the bar or club may be held liable for the injured patrons’ injuries and damages under the theory of negligent security.
Related: Bar/Restaurant Fights – Is a Bar Liable for Fights Outside of the Property?
Philadelphia Night Club Negligent Security Assault Example
An underage girl and her friends, who are also underage, go to a club in Old City, Philadelphia. The girl is good friends with the club bouncer who lets the girl and her friends inside the club knowing that they are underage. The girl and her friends go to the bar and order drinks. The girl continues to order drinks throughout the night and begins to get heavily intoxicated. She then starts to get belligerent with her friends. Another patron inside the club walks by the underage girl, lightly bumps into her and apologizes. Because the underage girl is drunk, she does not accept the apology and starts a fight with the patron. The underage girl tackles the patron and starts punching her. As a result, the patron’s nose is broken and she needs several stitches on her face.
In such a case, the patron has legal rights against the underage girl for her injuries. In addition, she likely has a case against the club.
Philadelphia, PA Negligent Security Assault & Dram Shop Case Against the Club
The theory of liability against the night club is that negligent security led to the assault of the injured patron, i.e., the bouncer negligently let an underage girl into the club despite the fact that she was underage. Had the bouncer refused to let the underage girl and her friends in, the girl would not have gotten intoxicated and a fight would not have ensued.
Another argument is that the club is responsible for the patron’s injuries caused by the underage girl due to the club’s negligent sale of alcohol to a minor. It is against Pennsylvania’s Dram Shop laws to furnish alcohol to minors. Because the minor was served alcohol, she became intoxicated and started a fight with another patron.
Help for PA Victims of Assault Due to Negligent Security
Victims of assault due to negligent security in bars, restaurants and even apartment complexes have legal rights. There may be multiple parties responsible for the crime victim’s injuries. At Laffey, Bucci & Kent, our Philadelphia, PA crime victim lawyers will fight for the victims and pursue the best outcomes for crime victims in Philadelphia, PA.
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