Florida is known for some of the hottest nightlife spots in the country. While the majority of the party-goers are looking to have fun and hang out with friends, some people are out for trouble. Occasionally, excessive alcohol intake results in violence. Once a fight or shooting breaks out in a nightclub, innocent bystanders may end up getting hurt.
Late-night business owners have an essential duty to protect their patrons. If you have been injured in a bar or nightclub, consider calling a Delray Beach bar or nightclub shooting attorney. Our specialized team at Elstein Legal will discuss your options for potentially receiving compensation for your injuries.
What Are a Delray Beach Bar or Nightclub Owner’s Responsibilities?
Night club and bar owners know what can happen when there are crowds of people drinking. Alcohol can cloud your judgment and in a loud, crowded party setting where adrenaline is flowing, there is a big risk of violence. Here are some of the things late-night businesses serving alcohol should be doing to keep their patrons safe:
- Hiring bouncers to ensure that potentially dangerous people are not allowed in.
- Hiring security guards to ensure that people who are causing trouble or discomfort to other guests get out before a fight happens.
- Making sure no one brings a gun inside. Florida’s gun law states that you cannot carry a firearm while under the influence of alcohol.
- Watching customers closely and breaking up fights immediately.
- Making sure no one gets overserved. Florida has a law that can hold establishments liable for knowingly serving someone who is addicted to alcohol, or under 21.
How to Hold a Bar or Nightclub Accountable
If you are injured in a Florida nightclub or bar shooting, your argument will depend on the circumstances of the incident.
For example:
Suing for premises liability
Florida’s premises liability law requires property owners to remove potential safety hazards on their premises. A property owner might be held liable for injuries that happen as a result of unsafe conditions. This would require proving that the property owner knew about the hazard beforehand and did not remedy it. For example, if the property owner did not have proper security measures in place and there was a shooting inside or next to the business, they might be liable.
Suing under dram shop law
Many states have laws about serving alcohol to someone who already appears to be intoxicated. But Florida businesses can only be held accountable if they served alcohol to someone who is under 21-years-old, or someone who has a known drinking problem. If the person who caused the shooting matched one of the descriptions, the bar could be held responsible.
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