When you are out with friends enjoying yourself at a local bar you don’t expect to end the night in the hospital. Unfortunately, because of the negligence of bar owners that is exactly how many people end their night. The typical case occurs when a bouncer takes it upon himself to “restrain” or fight with patrons of the bar or a drunk patron starts a fight with another patron.
The laws governing bars and restaurants can be found in both the laws governing the distribution and sale of alcohol as well as the law governing hiring and firing (retaining) employees. The law in NC prohibits the sale of alcohol to intoxicated individuals. Bars are prohibited in selling alcohol to the point of intoxication and/or past the point of intoxication. The issue typically comes down to the available evidence of how intoxicated the individual was and how obvious was the level of intoxication. It is imperative in these cases to begin an investigation immediately to locate and speak with all witnesses to the event. Failure to secure crucial evidence early could result in the loss of an otherwise compensable claim.
When a bouncer or other bar employee gets involved in an incident with a patron the attorney needs to look into the credentials of the bouncer and their work history, i.e. should they have been hired in the first place and/or should they have been fired before the incident occurred. As with cases involving intoxication an early investigation is imperative. Stories can change over time, especially with employees.
Our personal injury lawyers handle claims in Charlotte, Concord, Gastonia and throughout North Carolina against bars. As we have handled so many cases we are typically the recipient of referrals from other personal injury attorneys in Charlotte and throughout North Carolina.