SETTLEMENT: $200,000   –   

Ali P was attending a popular Denver nightclub for a special event. The club allows bottle service which allows patrons to purchase a full bottle of alcohol for their table. A fight broke out among other patrons at the club which should have been prevented, or more importantly, extinguished shortly thereafter. According to witnesses, the fight continued for some time before there was any response from the security staff. At some point in the melee a glass was thrown and hit Mr. P in the face, shattering and fragments penetrated Mr. P’s eye. An employee that submitted the incident report seemed somewhat shocked that his was the only report as he was the last security person/host to arrive on scene following the sound of broken glass. The nightclub, which had multiple cameras throughout the club, claimed that the system which would have captured the incident wasn’t working.

The nightclub failed to maintain safe premises by having adequate security and monitoring the alcohol intake of tables that had an entire bottle of booze to themselves. Under the Premises Liability statute and Dram Shop Act an establishment has a duty to protect their customers from themselves and others, such as Mr. P.  Mr. P underwent surgery, successfully, to save his eye and correct his vision for trauma that resulted from being hit by the thrown glass vessel.

The nightclub refused to respond to any contacts for information or attempts to resolve the claim. As a result, Mr. P was forced to file suit. During the course of the lawsuit it became clear that the nightclub failed to have established security policies and a well trained staff.

A manager of the club in a recorded statement under oath (deposition) agreed with the following principles we posited.

Customers are often intoxicated.  Therefore every effort should be taken to protect them from themselves.

Customer safety is high priority.

Fights involving customers should be ended as quickly as possible to protect or minimize injury to the people/customers involved.

Fights involving customers should be ended as quickly as possible to protect or minimize injury to bystanders or people/customers not involved.

The club should make sure that its operations does not needlessly endanger customers or create safety hazards to customers.

Security or video cameras are in the club’s best interest to memorialize altercations or disturbances so that customers/people involved may be identified.

Based upon the facts gleaned from witnesses and depositions of other employees and former employees of the club, the club failed to deliver on any these safety principles. At mediation (settlement conference) the judge agreed that these failures would establish the liability of the nightclub for Mr. P’s injuries.

Pre-litigation offer: $0

Settlement: $200,000

I’m happy to discuss your, your loved one or friend’s injury claim. Providing honest answers to injury and claim evaluations is something I do every day. Give me a call at 303-300-5060 or email me [email protected].

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