Personal Injury Lawyer Case - Patron Stabbed in BarJoel H. Schwartz, P.C.

Personal Injury Lawyer Case

Patron Stabbed in Bar – Negligent Security – $185,000.00

Reported in the Lawyers Weekly

In April 2001, the plaintiff was present at a bar establishment. At this time, another patron of the establishment inappropriately groped a female patron. After this incident, the plaintiff confronted the assailant to discuss the situation. This led to an exchange of words and threats. The plaintiff decided to take further action by speaking with the manager of the club about the events that had occurred. In turn, the manager assigned a bouncer to remove the assailant from the premises.

Unfortunately, the assailant was never told to leave. When the bar was set to close, the assailant was waiting by the door. As the plaintiff walked towards the exit, the assailant took a piece of glass and lunged towards the plaintiff’s throat. This resulted in a large gash and severe bleeding.

During this incident the plaintiff suffered a large wound of the neck. This required sutures as well as surgery in order to repair the damage. Even with these steps, a permanent scar was still left. In addition, the plaintiff also sustained facial never damage which resulted in some loss of feeling. Even after healing, the plaintiff still suffers from mental injuries such as anxiety and depression.

It is often times difficult to attribute liability to an owner during this type of circumstances. The situation became even more complicated when the assailant was acquitted of charges. The jury made the determination that the plaintiff provoked the assailant during the confrontation. In addition, it did not help that during the trial it was brought forth that the plaintiff had served jail time in the past for assault and battery charges.

Even with different standards, the civil case was a success in the end. This was due in large part to the fact that the manager testified that he had motioned for the defendant to be removed from the bar earlier in the night. And in turn, failure to remove the defendant was the cause of the altercation at closing time. This case settled at mediation for $185,000.00 in April 2006.

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