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  • Negligence and Tort damages against nightclubs: A Legal View

    January 27, 2016

    People usually go to bars, clubs, restaurants, pubs or nightclubs to relax, enjoy themselves and have a good time. Quite often, people arrive there to celebrate a special occasion or a night out with friends or family. Corporates encourage employees to bond over a drink, celebrate team achievements or honor a retiring co-worker. Few people go to such venues to deliberately create a disturbance. They have no apprehensions about their own safety and expect to be treated with respect and consideration.

    In a nightclub or bar, things get out of control without proper supervision. Violent altercations may break out, as some of these venues maybe the gathering places for unsavory elements. If you or a loved one has been injured or harmed in a nightclub or bar, you are entitled to compensation for the injuries suffered. Contact a personal injury lawyer as soon as possible.

    The recent incident involving famous rapper and hip-hop star Drake and the Muzik nightclub in Toronto has brought this issue into sharp focus. Two people were killed and three others critically injured in the skirmish and shooting that broke out in the club’s extensive grounds. A suit was filed by one of the injured persons who had been waiting to get the star’s autograph when he was assaulted by Drake’s employees. The suit names the hitmaker star, five others and Muzik owners. The plaintiff claimed that the nightclub owners ought to have known that there would be disturbances since the club has a previous history of such violent outbreaks yet they failed to take the proper measures to prevent them.

    What is Assault?

    Assault  and battery usually go together, though there are slight differences. Assault includes the threat of harm with the ability to carry out the harm, while battery is the completion of the act. These acts include unwanted physical contact which is intentional or unintentional, including sexual contact. It generally involves:

    • intentional unlawful threat to cause injury to another by force
    • circumstances that create fear of danger in another person
    • the ability to carry out the threat if not prevented

    Even if there is no actual contact, an assault can be completed, as for instance, if a person enters a store and points a toy gun at the cashier to threaten them in a robbery.

    Common assault situations include

    • Bar fights that involve patrons and/or bouncers
    • Fights between students in school
    • Domestic violence, rape, sexual assault
    • Violence at sporting events/between neighbors
    • Police brutality
    • Assaults in malls, parking lots, apartment complexes

    The premises owner has a duty to conduct thorough background checks of their employees and ensure that they have no history of violent behavior or criminal record.

    Our free consultation injury lawyers can provide a swift and comprehensive evaluation of your case and advise you about the merits.

    The person who commits assault faces criminal charges but the victim can also file a personal injury claim under the law of torts/civil law to receive compensation for the damages caused by the assault, which may be physical, emotional and/or financial.

    The law of torts holds that not just the person who commits the assault, but those who exercise control, supervision and/or employs the assailant are also responsible for their actions. For instance, schools, churches, event organizers, bar/tavern/nightclub owners, parents etc all have a duty to prevent assaults, failing which they are responsible for any injuries. Generally, it is their insurance companies that pay the compensation to the victims.

    Ontario victims of assault can file a claim for compensation with the assistance of our experienced personal injury lawyers.

    What Kind of Compensation Can Be Claimed? 

    Damages are generally based on the circumstances of the case, the nature of injuries, the profile of the assaulter and the victim and the kind of damages suffered. Generally, claims can be made for medical expenses related to the injury, care and rehabilitation, income loss, pain and suffering. If the injury is serious and has caused disability or disfigurement, present/past/future income loss and a life-care plan has to be worked out with the help of a personal injury lawyer.

    How We Can Assist

    Assault claims must be made within a specified time limit. The claim must be filed in the right jurisdiction, based on the amount of compensation claimed and the location of the assault. Our personal injury lawyers available 24×7 are well-versed with these aspects. The responsible parties must be notified within a specified time. Since every claim is different, find a personal injury attorney who has experience/expertise in specifically your kind of case. 

    If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury Lawyer 24/7 and get instant help.TM (416 931 5015)

  • Negligence and Tort damages against nightclubs: A Legal View

    January 27, 2016

    People usually go to bars, clubs, restaurants, pubs or nightclubs to relax, enjoy themselves and have a good time. Quite often, people arrive there to celebrate a special occasion or a night out with friends or family. Corporates encourage employees to bond over a drink, celebrate team achievements or honor a retiring co-worker. Few people go to such venues to deliberately create a disturbance. They have no apprehensions about their own safety and expect to be treated with respect and consideration.

    In a nightclub or bar, things get out of control without proper supervision. Violent altercations may break out, as some of these venues maybe the gathering places for unsavory elements. If you or a loved one has been injured or harmed in a nightclub or bar, you are entitled to compensation for the injuries suffered. Contact a personal injury lawyer as soon as possible.

    The recent incident involving famous rapper and hip-hop star Drake and the Muzik nightclub in Toronto has brought this issue into sharp focus. Two people were killed and three others critically injured in the skirmish and shooting that broke out in the club’s extensive grounds. A suit was filed by one of the injured persons who had been waiting to get the star’s autograph when he was assaulted by Drake’s employees. The suit names the hitmaker star, five others and Muzik owners. The plaintiff claimed that the nightclub owners ought to have known that there would be disturbances since the club has a previous history of such violent outbreaks yet they failed to take the proper measures to prevent them.

    What is Assault?

    Assault  and battery usually go together, though there are slight differences. Assault includes the threat of harm with the ability to carry out the harm, while battery is the completion of the act. These acts include unwanted physical contact which is intentional or unintentional, including sexual contact. It generally involves:

    • intentional unlawful threat to cause injury to another by force
    • circumstances that create fear of danger in another person
    • the ability to carry out the threat if not prevented

    Even if there is no actual contact, an assault can be completed, as for instance, if a person enters a store and points a toy gun at the cashier to threaten them in a robbery.

    Common assault situations include

    • Bar fights that involve patrons and/or bouncers
    • Fights between students in school
    • Domestic violence, rape, sexual assault
    • Violence at sporting events/between neighbors
    • Police brutality
    • Assaults in malls, parking lots, apartment complexes

    The premises owner has a duty to conduct thorough background checks of their employees and ensure that they have no history of violent behavior or criminal record.

    Our free consultation injury lawyers can provide a swift and comprehensive evaluation of your case and advise you about the merits.

    The person who commits assault faces criminal charges but the victim can also file a personal injury claim under the law of torts/civil law to receive compensation for the damages caused by the assault, which may be physical, emotional and/or financial.

    The law of torts holds that not just the person who commits the assault, but those who exercise control, supervision and/or employs the assailant are also responsible for their actions. For instance, schools, churches, event organizers, bar/tavern/nightclub owners, parents etc all have a duty to prevent assaults, failing which they are responsible for any injuries. Generally, it is their insurance companies that pay the compensation to the victims.

    Ontario victims of assault can file a claim for compensation with the assistance of our experienced personal injury lawyers.

    What Kind of Compensation Can Be Claimed? 

    Damages are generally based on the circumstances of the case, the nature of injuries, the profile of the assaulter and the victim and the kind of damages suffered. Generally, claims can be made for medical expenses related to the injury, care and rehabilitation, income loss, pain and suffering. If the injury is serious and has caused disability or disfigurement, present/past/future income loss and a life-care plan has to be worked out with the help of a personal injury lawyer.

    How We Can Assist

    Assault claims must be made within a specified time limit. The claim must be filed in the right jurisdiction, based on the amount of compensation claimed and the location of the assault. Our personal injury lawyers available 24×7 are well-versed with these aspects. The responsible parties must be notified within a specified time. Since every claim is different, find a personal injury attorney who has experience/expertise in specifically your kind of case. 

    If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury Lawyer 24/7 and get instant help.TM (416 931 5015)

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