It depends on whether the assault was reasonably anticipated or foreseeable.
Bar’s Liability For The Criminal Acts Of A Third-Party
A bar is not the absolute insurer of your safety. But that doesn’t mean it has no responsibility for what happens to you.
A bar must use reasonable care to protect its patrons from a third-party’s criminal conduct if the bar can reasonably anticipate that conduct. Reasonable anticipation doesn’t mean bar management saw the punch coming. It means that given the facts, it was reasonable for the bar to anticipate an assault like the one you suffered.
Consider:
- Were there similar incidents that same night? Did the bar fail to kick the guy out? Did it call 911?
- Was there a history of similar incidents? Were the police constantly called?
- Were there complaints over time? Did the bar ignore the complaints?
- Did the bar have licensed security? Did security do its job?
- Did the bar have any security?
- Were the bar’s exterior lights broken? Were patrons forced to walk to the parking lot in the dark?
California Bars And The Special Relationship Doctrine
This analysis comes out of the special relationship doctrine. That doctrine is an exception to the general rule that says there’s not duty to act or protect.
What that doctrine says is that a bar is in a special relationship with its patrons.
What that doctrine means is that a bar has a duty to take reasonable protective steps against third-party assault, to the extent they are reasonably foreseeable.
If a third-party assault is reasonably anticipated or foreseeable, then the bar must take reasonable steps to protect you against the assault. If it doesn’t, then it’s negligent or liable.
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