Can I Sue

UPDATED: Oct 1, 2022

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Can I Sue

I was in a bar the other night. I had nothing to drink. A drunk guy and his friend were asked to leave by the manager. They said they were not ready to leave and refused to leave. There was no security and the manager did not then call the police. He let them just stay there and continue drinking. One guy then said I looked at him funny and came over and started a fight throwing the first punch. I then defended myself and as this went on someone eating there called the cops. Can I sue the bar for this happening. For them not kicking these guys out and having this happen to me? I feel this mananger is at fault.

Asked on August 14, 2018 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot. A bar does not have an affirmative obligation to provide security--many bars do not have security or a bouncers, for example, and that is legal. Without the bar having an obligation to have security, they are not liable for not having any. You could sue your attacker for any injuries or medical costs--or other costs--you incurred; having thrown the first punch, he is responsible for your costs and injuries.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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