Owner being sued for injuries in his establishment caused by a fight?

by A

Over the weekend my boyfriend and I were at a Sports Bar & Grill. A fight between an ex-girlfriend of my boyfriend and I breaks out. He has a restraining order on her and she is to stay away 300 yards, but she does not obey the order. The fight was mostly pulling hair and then we were separated.

My boyfriend and I left first then I assume she left after. The bar owner knows both of us and her as they are mutual friends.

Before we left I told the owner I'm not calling the police because of the friendship he has w/my bf and he thanked me for that. However, when we got home he did call the police to file a report that she violated the restraining order. We were told that it will be sent to the DA and they will determine what is next.

My bf went to the DA's office to see if it was going to be pursued, but he did not get the answers he was looking for.

The owner of the bar just received a letter saying that the ex-gf will be suing him for injuries she sustained in his establishment. The owner said when she left she was fine. No injuries that we are aware of. I felt that even the security guards were pretty professional as they were even trying to restrain me.

If she was injured during the fight I had with her (and she is also saying my bf was hitting her), wouldn't we also be named in that suit, or is it because she violated the restraining order that she is not naming my bf? Doesn't she still have to prove she was injured (i.e. police reports, medical reports, etc.)?

As far as I'm concerned, this was unforeseeable by the owner. He did not know there was a restraining order in place as far as I know. Everything happened so suddenly, we didn't even have a chance to tell the owner or security that he did have a restraining order on her.

However, as she walked in and we made eye contact. My bf and I are always together. I'm also sure that other mutual friends had advised that we were there. Yet she still showed up and didn't care that she was in violation of the restraining order.

I feel bad that she is now trying to go after the sports bar. Is there anything we can do to protect ourselves and the bar? Is she automatically liable because she broke the restraining order? Thanks for any information you can give.

Visitor Question:
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ANSWER for "Owner being sued for injuries in his establishment caused by a fight?":

A (USA):

Your facts don't mention whether the letter to the bar owner was from the ex-girlfriend or from an attorney. If the letter was from the ex-girlfriend, the bar owner has little to worry about. From the facts you present, it is also quite unlikely any attorney would accept a case like that.

The ex-girlfriend’s injuries, if any, appear to have been minor. To have the basis of a lawsuit, the ex-girlfriend would need to have sustained injuries which required medical treatment. A "pulling and scratching" fight does not rise to the level of a viable lawsuit.

Additionally, the ex-girlfriend can’t claim injuries if she was legally barred from being close to your boyfriend. In that regard, the bar owner and your boyfriend have nothing to worry about.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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