George confronts Michael at a nightclub. Security throws George out, but later lets him back in. George confronts Michael again, and security throws them both out. Outside, George shoots and seriously wounds Michael.
Michael apparently staggered back into the alcove of the nightclub, and allegedly the nightclub security then “dumped him on the sidewalk” on the orders of one of the owners.
Michael sued the nightclub, alleging that the nightclub failed to take reasonable precautions to protect him from criminal conduct despite considerable notice of the potential harm given the history of violence at the club and George’s specific conduct. Michael also alleged that the security guards exacerbated his injuries by dumping him on the sidewalk after he was shot.
The nightclub’s insurance company denied coverage, and even refused to hire an attorney to defend the nightclub in court. The nightclub sued its insurance company, and after years of litigation won in the Washington State Supreme Court.[1]
However, the court’s holding was limited to the duty of the insurance company to defend the nightclub. The question of whether insurance will cover the claim remained unresolved.
Many assume that if they are injured on another’s property, especially at a business, the other party’s insurance will routinely cover the claim. This is far from reality. In fact, premises liability are among the most difficult claims.
It is also often difficult to seek compensation for injuries from criminal acts. Insurance policies typically exclude criminal acts from coverage, and businesses and other third parties are generally not liable for another’s criminal acts.
While these cases are often particularly difficult, each case must be analyzed on its own facts and circumstances, and our law firm has successfully pursued claims for clients assaulted at bars or nightclubs.
If you have been injured you should seek a free personal injury case evaluation from an attorney, and do so promptly.
By personal injury attorney Travis Scott Eller
[1] American Best Food, Inc. v. Alea Lodon, Ltd., 163 Wash.2d 1039, 187 P.3d 268 (2008).