The Andres Lopez Law Firm
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When Happy Hour isn't so happy, know your rights

Imagine you are having a couple drinks after work with some friends. The bar is crowded is people are taking advantage of some great drink specials. Suddenly, a fight breaks out near you; before you know what's happening, you are the one being tackled to the ground and thrown out of the bar by the bouncer.

You suffer a concussion, serious lacerations and other injuries, and you wonder: Can I hold someone responsible for my medical expenses, lost wages and other damages with a personal injury claim?

The answer depends on a few different factors related to premises liability laws in Florida. Generally speaking, you could pursue a claim against an establishment if a some important elements are present.

  1. You were legally allowed to be in that restaurant.
  2. You were not doing anything that required and overly aggressive physical response.
  3. The bouncer hired by the bar used excessive force.
  4. Your injuries stem directly from the brawling/ejection incident.

Bouncers have a duty to use reasonable force to keep patrons safe, and sometimes that includes physically removing people from the premises. However, if they cross the line and become too aggressive or direct their actions at the wrong party, they -- or the bar owners that hired them -- could be held accountable for damages you have suffered.

Florida is a hot spot for recreation and nightlife, which means there is plenty of opportunity for bar patrons and bouncers or security guards to clash in altercations. While not every physical fight will be grounds for a personal injury claim, there are situations in which an injured party has the right to take legal action against a negligent party

If you have been involved in this type of situation, you can consult an attorney to determine to which of these camps you may belong.

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