There are a number of ways to be injured at a bar, not just from drinking. Most action movies would have you believe that bar fights with pool cues and broken bottles break out daily.
Even if your local watering hole is not exactly "Road House," it is still more likely for you to be injured simply by ordering a drink. Bar patrons can sue for injuries caused by being served, and here's how.
Your Drink Isn't Safe
Bars are responsible for serving food and drinks which are safe for human consumption. That means that regardless of how bad tasting they are, bar snacks should be edible and non-toxic as well as the drinks. It's basically the food and drink service form of product liability.
Bars may often serve drinks in glasses which are old or cracked, increasing the risk of ingesting a piece of glass. If you drink something inedible, it can also be assumed that the bar was negligent in some part -- as normal drinks don't run the risk of having dangerous shards in them.
A Miami Beach woman learned this the hard way after quaffing a cocktail infused with liquid nitrogen, which perforated her esophagus and stomach requiring surgery, reports The Miami Herald. If you've been served a drink like this, odds are that you can sue the watering hole for negligence.
Your Drink Was One Too Many
Even if your drink of choice is "safe" to consume, you can still sue for being "overserved."
Most states have dram shop laws which make an establishment which serves alcohol liable for death or injuries caused by an intoxicated customer. These establishments can be held responsible for a patron who injuries him or herself or others if he or she was served while obviously intoxicated.
In reality, most casual drinkers have never been to a place where the bartender refuses to serve them because they were too tipsy. However, if a bar is in the habit of giving generous pours, it may be responsible when you black out and injure yourself. Or worse yet, if you drive while intoxicated and injure or kill others.
If you've been injured at a bar, even from just one drink, you may want to consult with a personal injury attorney.
Related Resources:
- Lawsuit claims harm from shards in drink at restaurant (The Chronicle-Telegram)
- McDonalds Sued: Glass in McChicken Worth $600K? (FindLaw's Injured)
- Utah Music Venue Sued Over DUI Death (FindLaw's Injured)
- Bar Sued for $3.5M Over Fight, Brain Injury (FindLaw's Injured)