bar injury

[smcpeck]

I live in Michigan. Was hanging out in Chicago over the weekend.

Long story short... I had to get 10 stitches in my finger. Ambulance ride. No punches were thrown, I was not the provoker. Other friends were hurt as well. One with no medical insurance, refused attention. Injuries caused by a flying glass.

#1 - To what extent is the bar/club liable for medical bills?
#2 - We had VIP service there, our night was cut short and we had 2 bottles of liquor more than half full still. To what extent should I be willing to pay for what we did drink?

Much thanks.

[teflon_jones]

Originally Posted by smcpeck

Long story short...

You need to include more information. Your post doesn't include any pertinent information to answer your questions.

[smcpeck]

I was standing there minding my own. Another patron threw a glass through the air with violent intentions. It cut my finger. I required ER medical attention.

I don't know what else is required. Can you ask questions for what more is required? I don't mind providing info -- but typing is tough with 9 working fingers. :-)

[teflon_jones]

You really need to give the full story. Who was this other patron? How do you know them? Why did they throw a glass at you? What did you do after that? What did they do after that? What did the bar do after that? What did the police say? There's so many more questions...

[smcpeck]

You really need to give the full story. Who was this other patron? How do you know them? Why did they throw a glass at you? What did you do after that? What did they do after that? What did the bar do after that? What did the police say? There's so many more questions...

I don't know the other patron -- it was a complete stranger. As I understand things, it was someone who was trying to dance with my sister's friend. She told him to "get lost" in a not so nice way, probably, but she was not physical with him at all. She said she turned around from him and before she knew it her "head was on fire". I still don't understand the physics of what happened, but the only thing that makes even a slight bit of sense is that the glass hit her head and broke with the shards that fell cutting my sister and I. I didn't see any of this happen. I was just standing there and the next thing I knew, there was blood all over. It was pretty chaotic. The offenders bailed on the spot -- not to be found. The bar did call an ambulance, being that I was in shock, bleeding, worried for my sister... I really can't recall much of what any bar employee said. The police asked the basic questions, I hadn't heard my sister's friend's side of the story until afterwards. So much of what I would have told the police, etc would have been along the lines of "I have no idea what happened, I was standing there... and all of a sudden blood was all over the three of us."

Many thanks for listening to my story.

[smcpeck]

UPDATE: After some co-workers looked at my sister's cuts, they said it looks like she was cut/stabbed with a box cutter or something. This would all make more sense as my cut seems much too crisp and clean to have been from a shard of glass. Some of her co-workers also know a manager/owner of the club and she is going to try getting a look at security footage. We shall see. And lastly, the club charged me $480 for our two half consumed bottles of liquor.

[HomeGuru]

Originally Posted by smcpeck

UPDATE: After some co-workers looked at my sister's cuts, they said it looks like she was cut/stabbed with a box cutter or something. This would all make more sense as my cut seems much too crisp and clean to have been from a shard of glass. Some of her co-workers also know a manager/owner of the club and she is going to try getting a look at security footage. We shall see. And lastly, the club charged me $480 for our two half consumed bottles of liquor.

**A: post back when you have the complete and real facts.

[smcpeck]

I guess you get what you pay for... nevermind with any "free" advice. We were there... we started bleeding without warning... how the hell am I supposed to know what happened? It was chaos! The bottom line is... we didn't provoke... we were attacked or caught in the crossfire... it's not our responsibility to keep other patrons under control. Does it really matter if we were blindly attacked with a box cutter or if a glass was hurled through the air at us? Nevermind. Don't answer that. Thanks for nothing.

[HomeGuru]

Originally Posted by smcpeck

I guess you get what you pay for... nevermind with any "free" advice. We were there... we started bleeding without warning... how the hell am I supposed to know what happened? It was chaos! The bottom line is... we didn't provoke... we were attacked or caught in the crossfire... it's not our responsibility to keep other patrons under control. Does it really matter if we were blindly attacked with a box cutter or if a glass was hurled through the air at us? Nevermind. Don't answer that. Thanks for nothing.

**A: what a dufus.

[smcpeck]

Thanks for everything, HG. You are truly a compassionate individual. I give you my best regards.

[teflon_jones]

There are two separate issues here:
1. The liquor that you paid for but didn't use.
2. The assault.

The first is a civil issue and the second is a criminal issue.

First issue: What has the club said about the unconsumed alcohol?

Second issue: Have you pressed charges against the person who injured you? What have the police said/done? Are you planning on sueing them for your medical bills?

[smcpeck]

#1 - They charged $480 (full price) for all the liquor. I tried to contact them to work out partial payment or whatever, but I couldn't get ahold of them. So I've not talked to them about it yet at all. So the full charge went through and I put in a dispute with my bank as well as e-mailing the club.

#2 - The offenders, I'm sure, ducked out and were not found. I still have to get my hands on the police report. But going after them is probably not very feasable. Assuming we don't find the guilty party: Does the bar/club not have an responsibility for my safety? Are they not required to keep patrons under control and not overly intoxicated? We are considering suing the club for medical expenses. Is this even possible?

The police just took our statements, etc. Not sure what the final verdict was from them. Hope to get a copy of their report soon.

[stephenk]

How do you know the guy who cut you or your sister was intoxicated? A bar is not responsible for two patrons who start a fight - guy and your sister's friend.

How did you get cut again? First you said it was a broken glass and then you posted that no glass was involved.

Regarding the liquor, keep on your credit company to dispute the charge. You may want to go to the bar and discuss some type of partial payment for the booze you guys did drink.

[acmb05]

for both full bottles because once they were opened and handled by you they are yours. They cannot legally serve what was left in the bottles to another patron.

As far as suing the club you can try but there are no quarantees. However if someone can sue a major fast food joint for spilling coffee on themselves and being an idiot you just never know.

In Illinois a bar or restaurant can be held responsible for what a drunk patron does. They are just as liable as if this person went out and got into his car and then had an accident. A place that serves alcohol is legally responsible to cut anyone off who they feel has had to much to drink if they do not cut them off they can be held liable for any damages that person creates. They have guidelines in bars to determine when someone has had to much such as one person ordering more than 4 drinks in a one hour time span.

The problem is you dont know who this person is and they were not there when the police showed up. If they had been there and the police arrested them and had them take a breathalizer and it came back they were legally intoxicated the bar would be partially liable for your hospital bills.

As I said good luck it only cost 45 bucks for a small claims court as long as your bills are not more than 5000 just take them to small claims court and see what happens.

[smcpeck]

The bar has refunded my $480. They have told me to get back in touch with them once I get my hospital bill so that I can get their necessary insurance information.

So it seems that all is going to be taken care of. Thanks to everyone who read and responded, except HomeGuru.

Regards.