Visitor Question

Scull Fracture from Getting Jumped Outside a Bar…

Submitted By: Kacey (Chesapeake, Virginia)

On November 6, 2011 around 1am I was leaving a restaurant. I gave my keys to the bartender and requested a cab because I had been drinking. While awaiting the cab in the restaurant parking lot a group of three males jumped me.

I was taken by ambulance to the local hospital where I was admitted to the ICU with bleeding on the brain and a skull fracture, among other injuries. There is an investigation going but I’m wondering if, in Virginia, the restaurant or property manager holds any liability?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kacey,

The restaurant/bar owner may have some liability.

That liability will depend upon several factors. They might be:

– If the area was a well known high crime area.

– If knowing that the restaurant/bar owner had poor and insufficient lighting in the parking area.

– If the owner knew or should have known other patrons had been attacked before.

– If all of the above were in place and the bar owner permitted you to go outside and wait for a cab instead of suggesting, or insisting you remain inside the bar until a cab arrived.

None of the above are absolutes, but certainly come into play when attempting to assign responsibility and liability.

Make sure the owner is aware of the incident. Be sure to get a copy of the police report and all of your medical records. Then go to the owner and ask her for the name of her premise liability insurance company. Tell her you want to file a claim for reimbursement.

In all probability the owner may not cooperate. If she doesn’t you should consider consulting with a personal injury attorney.

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

Best of luck,

Published: November 29, 2011

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