Should Airbnb Guests Sue Their Host or Company?

Unfortunately, Airbnb is no stranger to lawsuits. Unlike major hotel chains that adhere to strict occupancy and reservation rules, Airbnb accommodations can be a little more hit-and-miss for both guests and hosts.

But when guests suffer an injury, property damage, or refund issue, are they allowed to sue the host?

Airbnb guests can sue Airbnb hosts, or they may opt for arbitration. Airbnb’s Terms of Service prevents guests from suing the company directly for injuries, resulting in the host potentially becoming liable. Hosts may also be sued for other reasons like property damage, refunds, or just because.

We’ll be exploring the reasons why a guest may want to sue an Airbnb host, in addition to the difference between suing a host and suing the Airbnb company. We’ll also be detailing how you might take an Airbnb to small claims court or handle a guest who is threatening to sue.

Why Would Guests Want to Sue?

There are several reasons why an Airbnb guest may want to sue their host or the company. Guests may feel like their accommodations are not adequate, or they may feel concerned about the condition of various furniture and appliances. Heck, they may even want to intimidate their host to get their way.

However, when this happens, the guest typically contacts Airbnb within the first 24 hours of their stay. At this point, Airbnb’s system will create a case file that is sent to a manager for review. If they find that the guest’s complaints were valid, they may provide a refund or alternate accommodation.

As such, there are only a handful of things that could cause guests to create a valid claim against an Airbnb host. Some of the common liabilities a guest may successfully sue an Airbnb host for include:

  • Injury
  • Property Damage
  • Refunds

These categories are rather broad. To help you become more familiar with what they mean and how they could impact an upcoming court case, we’ll need to take a closer look at each one.

We’ll begin with one of the most common claims levied against Airbnb hosts: Injury.

Injury

Picture this: An Airbnb guest arrives at their lodgings as planned. They confirm their arrival and begin to unpack their belongings. As they walk toward the unit’s front door to return to their vehicle, their shoe snags on the rug, and they take a nasty tumble onto the floor, injuring themselves. This has happened to me plenty of times in our own home, let alone our Airbnb with fresh, slippery floors.

Who is liable in this situation? According to Airbnb, it’s not them.

Guests that become seriously injured can accrue massive hospital bills, and their attention may quickly turn to the host that allowed such tripping hazards in their rental unit.

Property Damage

Landlords need to maintain and care for their rentable spaces. What if a vacationer arrives at a rental property, stores their belongings inside that unit, and then that unit floods or catches fire? The landlord will likely be responsible for replacing that guest’s possessions. Still, the rules and regulations regarding an Airbnb host’s liability change from time to time. Additionally, state laws differ in many ways. An attorney may help determine whether a host or guest has legal grounds to pursue a property damage claim.

Refunds

If the Airbnb claims department denied the guest’s request for a refund, they might seek restitution from the host by contacting them directly. They also have the option to file a claim. Fortunately, these types of situations tend to be solved out of court. In most situations, giving your guest an acceptable refund will be much less expensive than going to court.

Suing Hosts vs. Suing Airbnb

If you’re a guest seeking information on how to file a suit against an abusive Airbnb host or the Airbnb company itself, you’ll need to take time to read through Airbnb’s Terms of Service. Depending on when you experienced the negative experience, you may or may not file a suit against the Airbnb company. The cause of your complaint (injury, property damage, etc.) will also influence your decision to file a claim against Airbnb or the host involved. For example, Airbnb is not liable for any injuries sustained on a rental property. If you were injured due to landlord negligence, you’d need to file a claim against the host, not Airbnb. Of course, you could also choose to file more than one suit. A small claims lawyer and a corporate lawyer may be able to guide you in your decision-making.

Conclusion

Airbnb guests can sue Airbnb hosts over injuries and property damage sustained while residing on the rented property. The Airbnb company is not liable for injuries, and their Terms of Service outlines this policy. As such, unhappy guests may decide to sue hosts when lodging issues arise. Hosts may address complaints, arbitrate, settle privately, or go to small claims court to settle pending lawsuits. This is why it’s important to be properly insured if you are going to be hosting to the public in any meaningful capacity, like as a way to earn extra income or as a business.

 

Sourced By: Hart Web; Skyline STR, LLC.


Tyler Lawyers Donate Electric Piano for Updated Hospital Chapel

Martin Walker PC provides gift to chapel at CHRISTUS Mother Frances Hospital – Tyler

 

TYLER, Texas – The Martin Walker law firm has donated an electric piano for use in the recently renovated chapel at CHRISTUS Mother Frances Hospital – Tyler.

The piano, a Yamaha CLP-675R Rosewood Clavinova Digital Piano, will be used by the Sisters of the Holy Family of Nazareth and will provide music for masses at the chapel.

 

For video of Reid Martin discussing the donation and a photo of the piano, click here.

 

“We are excited to be able to provide this as a gift that will be something the sisters will benefit from, as will anyone using the chapel,” says firm co-founder Reid Martin. “We have longstanding ties – given the medical people in our families – to the hospital and to the sisters, so this was just a natural thing for us to do.”

The Yamaha CLP-675R is described as “a stunning instrument that will impress the most discerning and demanding pianists,” as well as one that provides “an immersive concert grand experience.”

“The chapel is such an important place,” says firm co-founder Jack Walker. “If you come to the hospital and you want to pray for someone here, this is where you come. To play a small part in that and to help provide the music, which is so important when people pray, is something very special to us.”

 

Previously, the firm donated a NordicTrack Grand Tour iFit Exercise Bike to the sisters, who live in a convent on the grounds of the hospital and who minister to the spiritual needs of the patients there.

 

Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals statewide in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit: https://link.edgepilot.com/s/0982bf5f/XBToe_IhtkmP3jb6EeUPUQ?u=http://www.martinwalkerlaw.com/

https://tylerpaper.com/news/local/east-texas-lawyers-donate-stunning-gift-to-tyler-hospital-chapel-after-renovations/article_f57eea8e-6dac-11ec-93f8-1f21c2786210.html

https://www.ketk.com/news/local-news/east-texas-law-firm-donates-piano-to-local-hospital/


Injury Liability on Airport Accidents

Residents of Smith County are lucky enough to have several airports in close proximity, including DFW Airport, Houston Airport, Tyler Airport, and many others. In addition to travel, airports are major hubs for restaurants, shopping, bars, and sometimes even hotels. With so much to keep track of, airport staff must go to great lengths to ensure there are no hazards present that could harm an unsuspecting traveler. Unfortunately, airport accidents happen far too often and when they do, people can become seriously injured. If you have been seriously injured in a Texas airport accident, you need strong legal representation on your side. Martin Walker Law has over 20 years of experience proudly serving clients across Smith County and helping them recover the compensation they deserve.

TYPES OF AIRPORT ACCIDENTS

There are many different types of accidents that can occur in an airport. With so many facets at play, airports need a diligent staff to ensure that no one sustains injuries. However, even with the most attentive staff, accidents can happen. Some of the many different types of airport accidents include the following:

Slip and fall accidents

Negligent security

Poor lighting

Construction work accidents

Hotel accidents

Restaurant accidents

Dangerous sidewalks and parking garages

 

PROVING NEGLIGENCE AFTER AN ACCIDENT

If you have been seriously injured in an airport accident, you must immediately begin documenting your accident. First, you should notify the airport staff or security of what happened. Of course, you should also ensure you receive any necessary medical attention where a doctor will document your injuries. You must collect as much information about your accident as possible because if you decide to take legal action against the airport, you will have to prove that you were injured as a direct result of their negligence. You should try to take pictures of the dangerous conditions, obtain surveillance footage, ask any witnesses for their contact information so they may verify your claim, if need be, and more.

RECOVERING COMPENSATION AFTER AN ACCIDENT

If you can build a successful case against the airport, you may recover significant compensation for the physical, emotional, and financial burdens you faced as a result of your accident. You may be entitled to economic damages, such as the cost of your medical expenses, lost wages, and the need to hire in-home help. You may also be entitled to noneconomic damages, such as compensation for your decreased quality of life, emotional distress, and pain and suffering.

sourced and cited by: Lutz


Who Is Responsible for Cellphone Explosions?

Who Has Responsibility for a Faulty Smartphone?

Smartphones make the news when they cause serious injuries, such as burns, facial harm or other issues. When these incidents happen, phone manufacturers can be held accountable if:

  1. Smartphones Are Poorly Designed

Poor design for smartphones can include parts or design elements that can overheat because of too much stress on computer chips or other parts. If this is the case and the design flaw leads directly to an injury, a smartphone manufacturer and other liable parties may be held responsible.

  1. Smartphones Are Incorrectly Manufactured

If due care is not taken during the manufacturing process and this results in incorrectly manufactured phones, smartphone product liability may fall on the manufacturer. For example, if a product is manufactured with loose casing or if an error on the production line leads to components which are not properly aligned, it could cause leaks, overheating or other problems. The cell phone manufacturer may be held liable if the product causes an injury.

  1. Smartphones Are Sold Without Adequate Warnings, Labels Or Instructions

If a smartphone is not correctly labeled and does not come with adequate warnings about electric shock, the dangers of removing the back or alerts about other dangers, consumers may have a claim against the smartphone manufacturer if the lack of warnings and proper instructions leads to direct injury.

Can You Still File a Lawsuit If Your Phone Is Out of Warranty?

You can likely file a lawsuit even if your phone is past its warranty date. Most manufacturers will include a warranty booklet, also known as an express warranty or a guarantee when you purchase a smartphone. But any comment made by a manufacturer or retailer in any form of media or elsewhere is also a form of express warranty. For instance, suppose a retailer or manufacturer makes certain statements about its products, but you only receive a one- or two-year express warranty. After the warranty has expired, your product fails in some way that the manufacturer said would not happen in print or some other form of media, you might be able to get a replacement, a repair or even have your money refunded.

Many states also offer an implied warranty. It is an unwritten guarantee for consumer products. It states that products will function without problems and be free of serious defects for a “reasonable period of time,” which is normally considered four years. Manufacturers can get around this sometimes by saying that there is no implied warranty. Therefore it is always important to read the warranty information that you receive with your smartphone

If your phone explodes after the warranty expires but the smartphone manufacturer has claimed in its advertising that its phones will not explode anymore or if it happens before an implied warranty has expired, you might have the right to launch a lawsuit. In this case, however, it is important to call a specialist in personal injury lawsuits who can advise you about the next steps.

What Do You Need for Your Lawsuit Against a Smart Phone Manufacturer to Be Legitimate?

We use smartphones so much these days that, if you are wary of using one after you have been injured by a malfunctioning smartphone, it could have an immediate impact on your personal or business affairs.

In any case involving a personal injury, you need to be able to show that your injury was caused by the negligence of the other party. This includes detailed medical evidence from medical experts who can talk about the extent of your injuries as well as statements from those close to you on how this injury has affected your day-to-day life. You may also consider the services of an accident reconstruction specialist who can talk about how and why your injury occurred.

Expert witness testimony can also play an important role. For instance, in a lawsuit over a faulty smartphone, it’s good to have someone who can serve as a “bridge” to a more technical expert who can speak in detail about problems with the phone. An expert witness might be a repair technician who is very familiar with the smartphone problems because they are fixing them constantly.

In almost every case where you have been injured by an exploding or malfunctioning smartphone, you should contact a lawyer immediately. A personal injury lawyer can advise you on whether you have a legitimate case, and if you do, they can help you prepare and gather the evidence needed.

Cited and sourced by WebFX


I Was Walking in a Parking Lot and a Car Hit Me, Now What?

You can sue if a car hits you while walking in a parking lot, but it depends on how your accident occurred and who is responsible for the accident.

Damages Parking Lot Victims Can Collect

Pedestrian accidents in parking lots can result in severe, if not catastrophic injuries. These injuries range from bruises and scrapes to paralysis and even death.

Many of these injuries leave victims wondering how they will make ends meet while they recover. If another party was at fault for your parking lot collision, you can recover damages from that party. While no two pedestrian parking lot accidents are identical, there are a handful of damages you can expect.

Recoverable damages include the following:

Medical expenses: Medical expenses encompass everything from ambulance trips, overnight stays at the hospital, medication, therapy sessions, and more. You are also entitled to compensation for long-term medical expenses like in-home care and wheelchairs.

Lost wages: Pedestrian parking lot injuries can result in serious injuries, and many victims miss a lot of time at work. Lost wage damages encompass time missed at work for various reasons. Whether your injuries left you unable to work, or you missed time because you had specialist or therapy appointments, S. Burke Law seeks these damages on your behalf.

Lost earning capacity: In more severe cases, your injuries may require you to stop working or change careers. In some cases you can seek lost earning potential damages in those cases as well.

Pain and suffering: You can also recover compensation for any physical or emotional pain and suffering you endured.

How Negligence Causes Pedestrian Parking Lot Accidents

Most of us consider parking lots relatively safe places. But the accidents occurring in parking lots can be severe. Pedestrian parking lot accidents occur for a variety of reasons, but often result from one or more negligent actions:

Distracted driving: Distracted driving represents a significant portion of pedestrian parking lot accidents. Drivers often use parking lots as an opportunity to fiddle with the radio, send text messages, take calls, and more.

Pushing the wrong pedal: Pushing the gas and brake pedals are so intuitive drivers do it without thinking. But, occasionally, drivers hit the gas instead of the brake and cause a serious accident.

Speeding: Most parking lots do not have posted speed limits. Occasionally, drivers consider this an opportunity to zip around the lot looking for a space.

Focusing on looking for a parking space: Pedestrian parking lot accidents occur frequently in full or nearly full parking lots. The reason is many drivers often focus more on finding a parking space than their surroundings, which often includes pedestrians.

Drivers not checking before backing out: Pulling out of spaces frequently causes car accidents. Many drivers do not look closely before pulling out of their spaces.

Recovering Compensation If You Contributed to the Accident

Fault in a pedestrian accident is rarely cut-and-dried. If you contributed to the accident, you may still be eligible to recover compensation. However, it is important to note that you must be less at-fault than the other party.

For example, say you were walking through a parking lot when a vehicle quickly backed out of a parking space and hit you. An investigation found the driver 75 percent at-fault. You were 25 percent at-fault because you were listening to music with your headphones.

The driver would be responsible for 75 percent of your damages (e.g., if you requested $10,000, he would owe you $7,500).

For more information about accidents like this please contact Martin Walker Law.

Sourced by: S. Burke


What Duty Does the Landlord or Property Owner Have Involving Accidents?

When accidents occur in apartment buildings, it falls under premises liability law. Property owners must keep apartment buildings, playgrounds, and common areas safe for the people who live there and for those who visit. Failure to do so could result in a personal injury lawsuit. The following is an outline of premises liability law and how it may help those hurt in apartment building accidents to obtain a monetary settlement for their injuries. If you or a loved one have been involved in an apartment building accident, seek the advice of a personal injury lawyer to learn about the options available to you.

What Duty Does the Landlord or Property Owner Have?

The landlord or property owner has a duty to maintain the apartment building and surrounding common areas in a manner that is safe. In order to obtain a settlement in an apartment building accident lawsuit, you will be required to prove that the landlord or property owner did not maintain an appropriate standard of care and caused your injuries. The rules regarding the standard of care in regard to apartment building landlords and owners are as follows:

  • The Tenant Must Use the Property in a Normal Manner. The tenant must not engage in dangerous activity that may put them in harm’s way. If an accident is due to the fault of the tenant, the apartment building owner or landlord will not be held liable for their injuries.
  • The Property Owner or Landlord Must Keep the Property Safe for Tenants. Owners and landlords must keep their properties properly maintained and free from hazards to avoid being held liable after an apartment building accident.

 

Responsibilities in an Apartment Building

In a rented apartment, the person who is responsible for keeping the property in proper working order is responsible for paying for your injuries after an accident. In most cases, tenant/landlord responsibility looks similar to this:

  • The Tenant Is Responsible for Things Inside the Apartment Like Furniture or Other Objects That Move. If you are injured by something such as a bookcase falling on you, you will be responsible for your accident-related expenses and injuries.
  • The Landlord Is Responsible for All Other Areas Premises liability law requires landlords to maintain hallways, entryways, and staircases in a safe and appropriate manner. Things that cannot be moved inside the apartment are also their responsibility. These things include flooring, walls, and any fixtures that come with the rented apartment.
  • Proving Negligence

Proving that the property owner or landlord was negligent and caused your injuries may not always be an easy task. Some injuries that happen outside the apartment in common areas may be easier to prove, while those that occur inside your apartment may be more difficult. For this reason, it is typically best to speak with a lawyer to determine if you can prove negligence on the part of the landlord or property owner.

  • Damages

If you are successful in your apartment building accident case, you may be able to obtain money for certain damages and expenses related to the accident. Some of these damages may include:

  • Cost of Doctor Visits
  • Emergency Room Fees
  • Ambulance Transport Costs
  • Unpaid or Outstanding Hospital Bills
  • Cost of Physical, Speech, or Occupational Therapy
  • Pain and Suffering
  • Emotional Distress
  • Lost Wages

If you are permanently disabled due to the accident and cannot return to work, you may be able to obtain compensation for future lost wages. This is money designed to repay you for the money you will no longer be able to earn over the course of your career. It is extremely important to calculate future lost wages accurately in personal injury case, so it is best done by a lawyer who has experience in this area of the law.

What Can a Lawyer Do to Help You Win Your Case?

Apartment building accidents are always stressful, and the legal process is hard to navigate even in the best of circumstances. Your lawyer may be able to help you win your case by:

  • Hiring Accident Investigators
  • Speaking with Your Doctors to Prove Your Injuries Are Severe or Disabling
  • Negotiating with the Insurance Company for the Apartment Building or Landlord
  • Filing Court Documents
  • Representing You at Trial
  • While it is never a pleasant experience going through an accident or injury, you may be able to obtain a monetary settlement to help you through this difficult time. Hiring an attorney may increase your chances of proving that your landlord or property owner was negligent and caused the injuries that keep you from working to support yourself and your family.

The Landlord Is Responsible for All Other Areas

  • Cost of Doctor Visits
  • Emergency Room Fees
  • Ambulance Transport Costs
  • Unpaid or Outstanding Hospital Bills
  • Cost of Physical, Speech, Or Occupational Therapy
  • Pain and Suffering
  • Emotional Distress
  • Lost Wages
  • Hiring Accident Investigators
  • Speaking with Your Doctors to Prove Your Injuries Are Severe or Disabling
  • Negotiating with the Insurance Company for the Apartment Building or Landlord
  • Filing Court Documents
  • Representing You at Trial

While it is never a pleasant experience going through an accident or injury, you may be able to obtain a monetary settlement to help you through this difficult time. Hiring an attorney may increase your chances of proving that your landlord or property owner was negligent and caused the injuries that keep you from working to support yourself and your family.

cited by Jeff Vastola


Martin Walker Law Firm Makes Community Pillar Donation to United Way

Smith County contribution honors father of firm co-founder Reid Martin

TYLER, Texas – Tyler’s Martin Walker law firm has donated $5,000 to the United Way of Smith County as part of that organization’s community pillar fundraising effort.

Community pillar donations go to pay the administrative costs involved in running the United Way of Smith County campaign and assure that 100 percent of other contributions go to fund the many member organizations the United Way supports.

Martin Walker is dedicating its donation in honor of Bill Martin, former president of the United Way of Smith County and father of firm co-founder Reid Martin.

“Part of running a successful business is giving back to the community that made you a success,” Reid Martin says. “To be able to do it in a manner that honors my dad, who has given so much to this particular organization, is very gratifying.”

The United Way of Smith County was established in 1940 when a group of local community leaders came together to help those recovering from the Great Depression. Since then, the group has put more than $65 million back into Smith County.

“There are few organizations in the community that do as much as the United Way to make our county a better place,” says Jack Walker. “We are happy to play a small part in supporting their work.”

The United Way of Smith County supports a variety of local agencies including the Literacy Council of Tyler, The Salvation Army, Goodwill of East Texas, the East Texas Food Bank and many others. In addition, the group operates its own programs, including the 211 East Texas Helpline and the East Texas Center for Nonprofits.

Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals statewide in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit: http://www.martinwalkerlaw.com/

 


Reid Martin Honored by Texas Trial Lawyers Association

TYLER, TEXAS – Reid Martin, name partner in the Tyler-based law firm of Martin Walker P.C., is the recipient of the 2021 Reich Chandler Outstanding Advocate Award from the Texas Trial Lawyers Association (TTLA). The annual award recognizes a Texas attorney for the effective representation of clients and a demonstrated commitment to ethics and professionalism in the practice of law. The TTLA was founded in 1949 with a mission to protect the rights of Texas families and promote excellence in trial advocacy.

 

Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, Mr. Martin focuses his practice on seeking justice for the victims of medical malpractice as well as individuals injured by dangerous products or the negligence of others. He has tried numerous jury trials to verdict in courtrooms across East Texas for more than 20 years, and was inducted into the Texas Verdicts Hall of Fame in 2020 by Texas Lawyer newspaper.

 

In addition, his experience and success has resulted in honors from a wide range of legal publications, including being listed in Best Lawyers in America, Texas Super Lawyers by Thomson Reuters, The National Top 100 Trial Lawyers, and Lawdragon’s 500 Leading Lawyers in America. He has also earned a Distinguished Peer Rating by Martindale-Hubbell for High Professional Achievement.

 

“Receiving this award is a great honor for me personally, as well as my firm and my family,” says Mr. Martin. “The late Reich Chandler demonstrated a dedication to the legal profession and devotion to family and faith that have been guiding principles throughout my career.”

 

Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit martinwalkerlaw.com.


Can I Sue If I Get Injured In a Bar Fight?

If you suffered an injury as a result of a fight in a bar, nightclub, tavern, pub, or similar establishment, you may have a legal claim against that business.

Most bars and nightclubs are safe establishments where patrons, bouncers, and other employees rarely raise their voices and fights seldom occur. But the combination of conflict and alcohol can lead to problems. What happens if you get assaulted in a bar or nightclub? Or what about a situation where you're an innocent bystander who gets hurt when someone's errant fist or thrown bottle hits you? Who is liable for your injuries?

Who Can You Sue For Injuries Suffered In a Bar or Nightclub?

The first and most obvious potential defendant in a personal injury lawsuit for harm suffered in a bar or nightclub will be the person who injured you. Depending on the circumstances, liability might come through intentional tort principles (if the person hurt you on purpose) or under a negligence theory (if they hurt you accidentally; while they were fighting someone else, for example).

But in reality, it often doesn't make sense to sue the individual involved in the fight. That's because no insurance policy is going to cover the incident, and the person who hurt you might not have sufficient assets to pay any personal injury judgment you win against them in court. Instead, you might want to focus your energy on suing the establishment where the fight took place.

Suing a Bar, Nightclub, or Similar Establishment

A personal injury claim against a bar or nightclub for damages resulting from a fight or assault is usually based on negligence. (One major exception is when the fight was entered into voluntarily, which the law sometimes refers to as a "mutual affray;" in this situation, the establishment is generally not going to be liable under a negligence legal theory.)

In order to win a negligence case against the establishment, you have to prove that:

the nightclub or bar failed to meet a legal duty to keep patrons reasonably safe from certain foreseeable harm, and that failure or breach of legal duty (negligence) was a cause of your injury.

But how do you do that, assuming that another patron assaulted you? There are several possibilities.

First, you can rely on dram shop laws. If someone becomes intoxicated and assaults you at a bar or even on the street, you might have a dram shop case against the establishment that served the person alcohol. These laws vary from state to state, but they impose a duty on a bar, nightclub, or other establishment that sells alcohol—requiring the entity and its employees to monitor patrons and not serve intoxicated customers.

Second, you can focus on the establishment's duty to provide reasonable and necessary security for its customers. This may be seen as a form of premises liability. But what's reasonably necessary depends on the circumstances.

A business that caters to people having a drink before attending the theater probably won't need much security, but a pub that has a reputation for fights and drug use in the bathrooms probably needs to take strict steps to avoid reasonably foreseeable problems, including:

serving drinks in plastic cups (no glasses that might serve as potential projectiles in a fight)

employing multiple bouncers hiring an off-duty police officer to monitor the establishment, and firmly securing the tables, chairs, and stools to the floor.

Third, the establishment may be in violation of a state or local law restricting the sale of alcohol, including statutes related to:

underage drinking

hours of operation

use of drink specials and enticements, like "happy hour" and "two-for ones".

If the nightclub or bar's violation of one of these laws contributes to a fight that causes an injury, that may help the plaintiff's case in a personal injury lawsuit.

 

What to Do If You're Involved In a Fight

As in any personal injury case, there are things that you can do immediately after the incident that will help your case immensely. The sooner you do these things, the better, but make sure you're in a condition to do so.

First, get proper medical attention. Not only is this important for your health and safety, but it can strengthen any case you decide to bring. It's a lot harder to convince a judge or jury about the severity of your injuries if you have no medical records to back up your claims, or if you waited several days to get checked out by a doctor. Learn more about how medical treatment affects a personal injury claim.

Second, notify the establishment's management about what happened. Some states' dram shop laws require you to do so within a certain period of time after an incident that caused you injury. Waiting to report the incident also makes it easier for insurance companies and juries to question the legitimacy of your claims.

Third, obtain names and contact information for any witnesses who might have information about what happened during and before the incident. Learn more about how witnesses can help a personal injury claim.

For information that's tailored to your situation after an injury suffered in a bar or nightclub, your best first step might be talking with a personal injury lawyer.

 

Reviewed By David Goguen, J.D.