• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Drunken bartender started fight with me

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

djwwjd

Junior Member
What is the name of your state (only U.S. law)? Kansas
What is the name of your state (only U.S. law)? Kansas
: confused: I had an incident the other evening with a drunken bartender. We were invited to this bar with friends. We were all sitting at a long table partying. Apparently the bartender (female) yelled last call which was no problem since we had order a picture of beer which was 3/4 of the way gone. Anyway, all of a sudden the bartender comes over and starts talking smack and demanding we leave ... it is 1:50 and Kansas bars close at 2:00am. Most of the bars we have been to (if we stay until closing) always turns the lights on and walks around calmly asking the patrons to quickly finish their drinks and leave. Well this bartender was aggressive, rude and demanding, and threaten to kick my ass if I didn't leave.... when I told her I would like to finish my beer she said I couldn't and again threatened to kick my ass! She then proceeded to grab the pitcher of beer which I quickly grabbed onto and jerked it out of her hand. She said if you don't give me that I'm going to come around there and kick your old pussy ... so I jumped up and said "don't bother I'm am coming around there" which I proceeded to do and when I approached her she took a swing at me, so to protect myself I went to grab her right arm that was in the process trying to land a second blow; apparently I missed and my hand pulled her earring out of her ear, (someone said I swung at her, but I was not drunk (feeling good yes, drunk no) I think want they saw was me going to grab her arm from hitting me again ... anyway; I then quickly grab a hold of her shirt around the neck to try and restrain her from further attempts to hit me and to try and calm her down but she was so drunk and combative that she kept trying to hit me with her right hand which I was defending off with my left hand. My husband (who was at the bar tabbing out) noticed the fight and came over to try and break it up. He told me to let go of her, so I did. We then quickly exited the bar. On our way out, a lady that was sitting at the bar said "well that was bound to happen." I later talked with our friends whom we met at the bar and who know the owner of bar and bartender very well. They told me that this particular bartender was the niece of the owner of the bar and that the whole family was nothing but a bunch of alcoholics. They actually went back to the bar Sunday night and talked to the bartender that assaulted me. They said that she was real embarrassed about the incident (which means she probably didn't remember a thing.) Anyway...I was just wanting some insight on who was in the wrong here? ... I'm not the suing type, however; there is a first time for everything.
 


Zigner

Senior Member, Non-Attorney
So, when told to leave SEVERAL times, you instead decided to aggressively approach the bartender, causing her to strike out at you as a way of fending off your attack.


(It's pretty clear who was in the wrong when you get rid of all the fluff)


What is the name of your state (only U.S. law)? Kansas
What is the name of your state (only U.S. law)? Kansas
: confused: I had an incident the other evening with a drunken bartender. We were invited to this bar with friends. We were all sitting at a long table partying. Apparently the bartender (female) yelled last call which was no problem since we had order a picture of beer which was 3/4 of the way gone. Anyway, all of a sudden the bartender comes over and starts talking smack and demanding we leave ... it is 1:50 and Kansas bars close at 2:00am. Most of the bars we have been to (if we stay until closing) always turns the lights on and walks around calmly asking the patrons to quickly finish their drinks and leave. Well this bartender was aggressive, rude and demanding, and threaten to kick my ass if I didn't leave.... when I told her I would like to finish my beer she said I couldn't and again threatened to kick my ass! She then proceeded to grab the pitcher of beer which I quickly grabbed onto and jerked it out of her hand. She said if you don't give me that I'm going to come around there and kick your old pussy ... so I jumped up and said "don't bother I'm am coming around there" which I proceeded to do and when I approached her she took a swing at me, so to protect myself I went to grab her right arm that was in the process trying to land a second blow; apparently I missed and my hand pulled her earring out of her ear, (someone said I swung at her, but I was not drunk (feeling good yes, drunk no) I think want they saw was me going to grab her arm from hitting me again ... anyway; I then quickly grab a hold of her shirt around the neck to try and restrain her from further attempts to hit me and to try and calm her down but she was so drunk and combative that she kept trying to hit me with her right hand which I was defending off with my left hand. My husband (who was at the bar tabbing out) noticed the fight and came over to try and break it up. He told me to let go of her, so I did. We then quickly exited the bar. On our way out, a lady that was sitting at the bar said "well that was bound to happen." I later talked with our friends whom we met at the bar and who know the owner of bar and bartender very well. They told me that this particular bartender was the niece of the owner of the bar and that the whole family was nothing but a bunch of alcoholics. They actually went back to the bar Sunday night and talked to the bartender that assaulted me. They said that she was real embarrassed about the incident (which means she probably didn't remember a thing.) Anyway...I was just wanting some insight on who was in the wrong here? ... I'm not the suing type, however; there is a first time for everything.
 

tranquility

Senior Member
Both of you were in the wrong. Probably more you, but, does it really matter? Be thankful you're not having to defend against criminal charges.
 

djwwjd

Junior Member
So, when told to leave SEVERAL times, you instead decided to aggressively approach the bartender, causing her to strike out at you as a way of fending off your attack.


(It's pretty clear who was in the wrong when you get rid of all the fluff)
So, your saying since I'm the one who came around the table even though she was theatening me and she threw the first punch, I was in the wrong? That's what's wrong with America today!
 

Zigner

Senior Member, Non-Attorney
So, your saying since I'm the one who came around the table even though she was theatening me and she threw the first punch, I was in the wrong? That's what's wrong with America today!
You mean, she was fighting off a patron who, when asked SEVERAL times to leave, refused to do so and was approaching her in a menacing manner?


Yeah - what Tranq said.
 

djwwjd

Junior Member
So, your saying since I'm the one who came around the table even though she was theatening me and she threw the first punch, I was in the wrong? That's what's wrong with America today!
We were never asked to leave SEVERAL times. Just last call and nobody at our table heard her because the music was load and we were all talking to one another. I was not the only person she was trying to start a fight with that night ... one of the guys in our group with also being harrassed by her. I didn't elaborate on the who incident to keep the thread short, but like you said, it is what it is and I too am glad it didn't get out of hand. The law is the law but it's not always just.
 

OHRoadwarrior

Senior Member
We were never asked to leave SEVERAL times. Just last call and nobody at our table heard her because the music was load and we were all talking to one another. I was not the only person she was trying to start a fight with that night ... one of the guys in our group with also being harrassed by her. I didn't elaborate on the who incident to keep the thread short, but like you said, it is what it is and I too am glad it didn't get out of hand. The law is the law but it's not always just.
If you were being date raped, would you consider one order to stop sufficient?
 

Zigner

Senior Member, Non-Attorney
In your original post, I' counted at least two instances of you being asked to leave, and I suspect that your watered-down "I'm an angel" version of the incident is leaving out a few more...
 

Mass_Shyster

Senior Member
The establishment can lose its license if you're still drinking at 2.

41-2614: Hours of operation. (a) Except as provided by subsection (c), no club or drinking establishment shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.
 

djwwjd

Junior Member
In your original post, I' counted at least two instances of you being asked to leave, and I suspect that your watered-down "I'm an angel" version of the incident is leaving out a few more...
You know, you might be right, it basically would be my word against hers and the witnesses. I went by and talked with the friends who invited us to the bar. They apolgized to me and told me they were very embrassed by the bartenders actions. I really had no intentions on fighting with her, I have never fought with "anyone" a day in my life and have always tried to reason with people if I felt threatened by their actions or if I felt like something was bothering them and they just needed to get it off their chest. So even if you think my watered-down "I'm an angel" version is leaving something out, that's your prerogative. I know the truth and so does the other witnessess. Like I said before, the law is the law, but it's not always just. Thank you all for your FREE input. Have a great day!
 

jiggy78

Member
What in the world do you think gives you the right to stay on private property when you have been told to leave?
 

xylene

Senior Member
She then proceeded to grab the pitcher of beer which I quickly grabbed onto and jerked it out of her hand.
Why did you grab the pitcher of beer and JERK it out of her hand? Taking the beer was your MEGA-HINT to GTFO

THAT is why you are in the wrong.

It was closing time.

You and your friends were being surly and stupid.

HOW is the name of god did you think it was appropriate to grab the pitcher back?

If this were in New York, and a bouncer saw you do that, to a female bartender no less, they would have busted your face. That is not the law but true as hell.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top