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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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Experience:  with over 15 years experience.
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I was assaulted in a bar and was quite badly hurt. can I sue

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I was assaulted in a bar and was quite badly hurt. can I sue the bar as well as the assailant?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

Yes, but to succeed you would need show that the bar was at fault in some way. The bar will not automatically be responsible for all illegal actions of its customers. You need to show that they had been negligent such as in over serving the person who assaulted you with alcohol. Or if they were aware that the person that was dangerous or threatening others and failed to take action to stop serving him or remove him from the bar, then that could lead to a finding that the bar was negligent.
Customer: replied 1 year ago.

SHE was removed from the bar for her behaviour and somehow got past the bouncers and came back in.


 


how can you prove that the bar over served her?

Expert:  Law.Hut replied 1 year ago.
Yes, I realize she was removed and then got back in, sorry auto correct changed my word. Meant to say her. Those are facts that would make it hard for the bar to explain that their security was working properly.

You would try to prove over served happened by evidence of any witnesses as to how drunk the person was. You could also demand copies of her credit card or bank statements to try and prove how much she had paid for drinks that night. (Out of luck if she used cash or had drinks bought for her on that point). You can also question her under oath at a deposition as to how much she drank.
Customer: replied 1 year ago.


How much does one usually sue for in these cases? ie the bar and her? Does the bar carry insurance for this?


 


Injuries were extensive. And at no time during the assault did I touch her. I was rendered unconscious soon after the first punch, but received at least one more to the mouth. Fractures to the eye requiring surgery, concussion, extensive nerve damage to the right half of my face that may or may not come back, double vision, emotional trauma, possible PTSD.

Expert:  Law.Hut replied 1 year ago.
There is no set amount. It would depend on the extent of injuries and the length of time to recover, whether there is permanent damage or scars or the extent of psychological harm. For broken facial bones that heal normally, it may be about $10,000 to $20,000. That could increase if you required extensive counselling or physiotherapy. You would also sue for any expenses such as cost of physiotherapy, beyond an amount for pain and suffering (the cost of the sessions themselves for example) But this is kind of a guess, as an opinion would require much more information than we can exchange through this site.

Yes, most bars would have liability insurance for such a matter. It would be very unusual and irresponsible for such a business to operate without it.
Customer: replied 1 year ago.

If I want to sue the person who assaulted me as well how much evidence do I need? I have pictures of the damage she caused to my face. The bar has her ID scanned in with a few of the others who were also causing trouble. The police did not get any witness statements that night? One of my friends saw her throw a drink at me and get kicked out. She also saw her in the parking lot yelling for me to come outside. I am not sure who might have witnessed her beating me up. I can identify her.

Expert:  Law.Hut replied 1 year ago.
You would need enough evidence to convince a judge on a balance or probabilities that she is the one that assaulted you with the punch. Your own testimony alone might be enough for that, but it helps to have the other circumstantial evidence shoeing that she was angry at you and assaulting you with a drink. Balance of probabilities means a judge is 51 per cent convinced that you have proven the case, meaning it is more probable than not that she is the one that assaulted you. It it is a much lower standard than the proof beyond a reasonable doubt that is required by a prosecutor in a criminal conviction.If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7780
Experience: with over 15 years experience.
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