Premises Liability After a Physical Attack

Let’s say you and your friends went out for a few drinks after work one evening.  On the way to your car at the end of the night, another patron of the bar follows you out, angry about a perceived slight earlier in the evening. You are assaulted and robbed.  You wind up in the emergency room with a concussion and a broken collarbone, not to mention a fair bit of anxiety and consternation.

As the hospital bills accumulate, you wonder how you’ll be able to cover the expenses.  The fact of the matter is that depending on circumstances, you may not have to. Getting a Long Island personal injury attorney working for you immediately may lead to the acquisition of the damages you deserve.

Long Island Premises Liability

Without question, the assailant is the key individual responsible for your injuries.  But what about the establishment where the attack occurred? Does premises liability factor into the case?  Upon close examination, there may be a liability issue here.

The law requires a plaintiff to demonstrate that a breach of care led to the circumstances that allowed for an attack to occur.  In this hypothetical case, we might ask the following questions:

  • Was there adequate lighting in the parking lot?
  • Did the nightclub provide appropriate alcohol regulation and monitoring?
  • Are sufficient security personnel and equipment in place?
  • Was the incident foreseeable to a reasonable person?
  • Is there a history of this type of incident in this lot?
  • Have the police been called to this location with frequency in the past?

Why are these issues important?  The bar is legally required to provide a safe environment for patrons.  If the parking lot was dark and dangerous, it may be an indication of their negligence.  Furthermore, dram shop laws  (section 11-101) require bars to stop serving customers who are already intoxicated. This, too, may be an issue of negligence.  Finally, did the establishment do everything in its power to secure the premises? Were reasonable measures taken to protect customers that night, and in previous nights?  If not, you may be able to demonstrate that they have some liability for this incident.

Putting Together a Case in Long Island

Your experienced Long Island personal injury attorney at the Falkowitz Law Firm knows exactly how to proceed in cases such as this.  The attack must be reported to management, and an investigation will ensue. Interviews and a review of the circumstances of the incident will be thoroughly vetted, as your Long Island personal injury attorney reconstructs the events of that fateful night.

We will also assemble the documentation proving the medical ramifications of the incident, and fight to obtain the damages you deserve to cover those bills, as well as lost current and future wages, and punitive damages to address the pain and suffering that are a result of the establishment’s negligence.

Call a Long Island Personal Injury Lawyer Today

To get Gary working for you, call 844-GET-GARY in our Garden City office any time, day or night.  The initial consultation is free and confidential.

Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.

Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.

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