Holding Nightclubs and Restaurants Accountable

At Sivin, Miller & Roche LLP, we understand that a night out at a nightclub or restaurant should be a time to relax and enjoy yourself—not a time to worry about your safety. Unfortunately, inadequate security, negligence, or unsafe conditions can lead to violent assaults that leave victims with serious physical, emotional, and financial harm. As experienced New York premises liability lawyers, we are committed to holding property owners and managers accountable when their failure to provide a safe environment results in harm. If you or a loved one has been injured in an assault at a nightclub, bar, or restaurant, contact Sivin, Miller & Roche LLP today for a free consultation. Let us fight for the justice and compensation you deserve.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners, landlords, and business operators responsible for maintaining safe conditions on their property. When they fail to do so, and someone is injured as a result, they can be held liable for the harm caused. In New York, property owners have a legal duty to ensure that their premises are reasonably safe for visitors, guests, and customers. This includes addressing hazards, providing adequate security, and taking steps to prevent foreseeable dangers, such as violent assaults.

When it comes to nightclubs, bars, and restaurants, premises liability often involves negligent security measures, such as the lack of security personnel, poor lighting, or malfunctioning surveillance cameras. If an assault occurs because the property owner or manager failed to take reasonable precautions to protect patrons, they may be held accountable under premises liability law.

At Sivin, Miller & Roche LLP, we have extensive experience handling premises liability cases and understand how to navigate the complexities of New York law to secure justice for assault victims. If you’ve been injured due to unsafe conditions at a nightclub or restaurant, contact us today to learn how we can help.

How Can Property Owners Be Held Responsible?

Property owners and managers have a legal obligation to maintain a safe environment for patrons, especially in places like nightclubs, bars, and restaurants where crowds, alcohol, and late hours can increase the likelihood of dangerous incidents. When they fail to meet this obligation, they can be held legally responsible for injuries resulting from their negligence.

For example, property owners may be held liable if:

• They fail to provide adequate security. This includes not hiring trained security personnel, failing to break up escalating disputes, or not properly screening guests for weapons.
• They ignore known safety risks. If the property owner is aware of prior incidents of violence or a history of unsafe behavior at the establishment and fails to address the issue, they can be held accountable for subsequent assaults.
• They fail to maintain safe premises. Poor lighting, broken surveillance systems, or inadequate emergency exits can create environments where assaults are more likely to occur.

At Sivin, Miller & Roche LLP, we thoroughly investigate each case to determine how property owner negligence contributed to an assault. We gather evidence, review safety records, and consult with experts to build a strong case for our clients. If you were injured in a nightclub or restaurant assault, we are here to help you seek the justice and compensation you deserve. Contact us today for a free consultation.

Common Injuries from Nightclub or Restaurant Assaults

Assaults in nightclubs, bars, and restaurants can result in severe injuries that have lasting physical, emotional, and financial consequences. The chaotic environment of these establishments, combined with negligence such as inadequate security or unsafe conditions, often exacerbates the severity of harm. Common injuries from such incidents include:

1. Head and Traumatic Brain Injuries (TBI): Blows to the head during an assault or a fall can cause concussions, skull fractures, or more severe brain injuries, leading to long-term cognitive and physical impairments.
2. Broken Bones and Fractures: Assaults often involve physical altercations that can result in broken noses, ribs, arms, or legs.
3. Lacerations and Facial Injuries: Cuts from broken glass, punches, or other sharp objects can cause disfigurement and require extensive medical treatment.
4. Spinal Cord Injuries: Falls or violent attacks can lead to spinal injuries, including herniated discs or, in severe cases, paralysis.
5. Emotional Trauma: Beyond physical injuries, victims often suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) due to the violence they experienced.

How a Premises Liability Lawyer Can Help

At Sivin, Miller & Roche LLP, we are dedicated to standing up for victims of nightclub and restaurant assaults. These cases can be complex, but as experienced premises liability lawyers, we know how to navigate the legal system to hold negligent property owners accountable and secure the compensation you deserve.

Here’s how we can help:

Investigating Your Case

We’ll conduct a thorough investigation, gathering evidence such as surveillance footage, witness statements, and prior incident reports to prove the property owner’s negligence.

Establishing Liability

Our team will work to demonstrate how the property owner failed in their duty to maintain a safe environment, whether through inadequate security, poor lighting, or ignoring prior safety risks.

Negotiating with Insurance Companies

Insurance companies often try to minimize claims, but we will advocate on your behalf to ensure you receive fair compensation for your injuries, lost wages, medical expenses, and emotional trauma.

Fighting for You in Court

If a fair settlement cannot be reached, we will not hesitate to take your case to trial and fight aggressively for the justice you deserve.

If you’ve been injured in an assault at a nightclub, bar, or restaurant, don’t face this battle alone. Contact Sivin, Miller & Roche LLP today for a free consultation, and let us put our knowledge, resources, and experience to work for you.

Contact Our Law Firm Today For A Free Consultation

If you have been the victim of nightclub violence and the owner of the club or its insurance company wants to settle with you directly, be wary. Club owners and insurance companies won’t typically pay sufficient damages voluntarily. They need to be encouraged to do so through litigation.

The lawyers of Sivin, Miller & Roche LLP, will interact with the insurance companies on your behalf, striving diligently to maximize your compensation through negotiation or litigation. We are confident courtroom advocates and are more than willing to take your case to trial to obtain the best results possible for you.

If you have questions about injuries you sustained in a nightclub or restaurant, you can talk with our New York attorneys for free. Call 212-349-0300 to schedule an appointment.

Premises Liability Lawyer FAQs

1. What is premises liability, and how does it apply to nightclub or restaurant assaults?

Premises liability holds property owners accountable for maintaining a safe environment. If a nightclub or restaurant fails to provide adequate security or address known risks, they may be held liable for injuries caused by assaults on their property.

2. Can I sue a nightclub or restaurant if I was assaulted on their premises?

Yes, if the assault occurred due to the establishment’s negligence, such as inadequate security, poor lighting, or failure to address prior incidents of violence, you may have grounds for a premises liability claim.

3. What kind of compensation can I recover in a premises liability case?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other damages related to your injuries.

4. Do I need evidence to prove the property owner was negligent?

Yes, proving negligence requires evidence such as surveillance footage, witness statements, prior incident reports, or documentation showing the property owner failed to take reasonable safety precautions.

5. What if I was partially at fault for the incident?

In New York, you can still recover damages even if you share some fault under the state’s comparative negligence law. However, your compensation may be reduced based on your percentage of fault.

6. How long do I have to file a premises liability claim in New York?

Generally, you have three years from the date of the injury to file a premises liability lawsuit. However, certain circumstances can affect this timeline, so it’s best to consult an attorney as soon as possible.

7. What should I do immediately after an assault at a nightclub or restaurant?

Seek medical attention, report the incident to the management and police, gather evidence (photos, videos, and witness information), and consult a premises liability lawyer as soon as possible.

8. Can I still file a claim if the attacker was another patron, not an employee?

Yes, if the property owner’s negligence, such as a lack of security or ignoring prior violent incidents, contributed to the assault, they can still be held liable.

9. What types of injuries are common in nightclub or restaurant assault cases?

Common injuries include head injuries, broken bones, spinal injuries, cuts, bruises, and emotional trauma such as PTSD.

10. How can Sivin, Miller & Roche LLP help with my case?

We will investigate your case, gather evidence, establish the property owner’s negligence, negotiate with insurance companies, and represent you in court if necessary to ensure you receive the compensation you deserve. Contact us today for a free consultation.