Can I Sue
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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 5 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.
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