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If a restaurant owner allowed customer to bring and consume…

If a restaurant owner allowed...
If a restaurant owner allowed customer to bring and consume their own alcohol which resulted in a bodily injury to another customer as a result of assault. Would this fall under any provisions of General Liability insurance that restaurant carries such as
Bodily Injury and Property Damage Liability-1,000,000
Personal and Advertising Injury Liability - 2,000,000
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Answered in 4 minutes by:
1/18/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hello again,

Most insurance policies do not cover when a business engages in illegal activity. Because it is illegal for a restaurant to allow customers to bring and consume their own alcohol on the premises, it would be very difficult to find an insurance company that would be willing to cover you in this scenario.

If you were to obtain a liquor license and sell liquor on the premises, you would then be able to get insurance coverage to protect you from bodily injury that occurred to customers as a result of drinking on the site. The business owner typically wouldn't be liable for an assault, though, because that's an intentional criminal act. Business owners are liable for negligence, not third party crimes that happen to occur on the premises.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 7 months ago
Hi again , so all these questions are related to incident involving me, I was the victim of the assault . Restaurant has Assault Coverage in place for 25,000 limit and Liquor liability coverage for 50,000 plus general liability coverage . I am trying to locate ways to get other policies involved not just the Assault coverage which is insurance company is offering to resolve this

I'm sorry to hear that.

If you can establish that the restaurant had a duty to protect you - or that they negligently allowed the assault to happen by allowing liquor on the premises in the first place - then you can argue that the restaurant is responsible for your damages. In court, you're not bound by the limits of the insurance policy. That's all the insurance company will pay but you can still go after the restaurant owner for more.

It'll still depend on what their policy says, though. See if you can get them to give you a copy of ALL insurance policies. If necessarily, a local attorney can subpoena the information for you. That takes about 30 days. Or if you decide to file a lawsuit, you can serve them with a Request for Production of Documents and demand copies of all insurance policies at that time. That's the best way to find specific language that might support you getting paid.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
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