car damaged outside of bar by drunk patron

What is the name of your state? Florida

I was at a bar Friday night (4/2/04), when a fight broke out and a guy was escorted out. While being escorted off the property, he got irate and smashed my back windshield. (not just a windshield, but a glass hatch on a blazer - SUV). He was arrested for criminal mischief and will be in jail a while for prior probation stuff. How do I go about getting him to pay for my glass hatch? Small claims court? The cheapest estimate was $1100.00.
Also, aren't bar owners supposed to have insurance on these types of situations? Could I sue the bar also?

"How do I go about getting him to pay for my glass hatch? Small claims court?"
*** BINGO!! You win the big prize.

"Also, aren't bar owners supposed to have insurance on these types of situations?"
*** They are not REQUIRED to have insurance but it would be a smart investment for them to have it.

"Could I sue the bar also?"
*** Of course you can sue the bar. After all, anyone can sue almost anyone else over almost anything. However, unless you can show that the bar was responsible for the damage in some way, you have no case against them.

I've got a few people around my office telling me I ought to get 3 or 4 cash estimates and confront the bar owners, saying 'I'd like a check written out to me for any of these or you can get an estimate from someone else you know or pay an installer direct instead of check to me.'
I don't know how well that would go over, suggestions? I really don't have the money to fix it myself, or I would.

alievans said:

I've got a few people around my office telling me I ought to get 3 or 4 cash estimates and confront the bar owners, saying 'I'd like a check written out to me for any of these or you can get an estimate from someone else you know or pay an installer direct instead of check to me.'
I don't know how well that would go over, suggestions? I really don't have the money to fix it myself, or I would.

Click to expand...

My response:

You're just not getting it. The bar is not liable for your damages - - and why would they? This incident happened outside the bar, where the bar has no control.

What is your theory of the bar's negligence; i.e., why do you think the bar should pay for your damages?

IAAL

The damaged occured while the bouncers of the bar were escorting the drunk guy off the premises. The drunk got mad and wanted to take a swing at the bouncers, but instead took a swing at my blazer. The bouncers then jumped him and held him down til police got there and took him to jail (charged with criminal mischief).

The bar's parking lot is still on bar property right? Isn't it the negligence of the bouncers that caused this? If the drunk didn't try to swing at the bouncers while getting escorted off premises, this wouldn't have happened.

alievans said:

The damaged occured while the bouncers of the bar were escorting the drunk guy off the premises. The drunk got mad and wanted to take a swing at the bouncers, but instead took a swing at my blazer. The bouncers then jumped him and held him down til police got there and took him to jail (charged with criminal mischief).

The bar's parking lot is still on bar property right? Isn't it the negligence of the bouncers that caused this? If the drunk didn't try to swing at the bouncers while getting escorted off premises, this wouldn't have happened.

Click to expand...

My response:

Do you know, for a fact, that the parking lot is OWNED by the bar? I don't, and these are certainly new facts that you never divulged until now. I had thoughts of a drunk being thrown out the front door, and onto the sidewalk - - which is owned by the municipality.

Despite the ownership of property, a property owner is still not liable for the criminal acts of others. A property owner is NOT an insurer of the safety of your property - - especially when a third party decides to vandalize your property.

That's why people carry "comprehensive" insurance coverage in their auto policies.

IAAL

But this is a bar, and it is the only bar for a several mile radius, so I'm sure the owners owns the parking lot surrounding his bar. (He owns the BBQ place right beside it also and uses the same spaces).
Let me say this again becuase you didn't address it:
If the drunk didn't try to swing at the bouncers (the bar's employees) while getting escorted off premises (not just out the door), this wouldn't have happened.

I do appreciate your replies and am taking them to heart with this. I did manage to find '89 glass' who will take $100 off the $500 deductible I have to pay with my comp auto insurance. I just wasn't wanting to pay anything.

alievans said:

But this is a bar, and it is the only bar for a several mile radius, so I'm sure the owners owns the parking lot surrounding his bar. (He owns the BBQ place right beside it also and uses the same spaces).
Let me say this again becuase you didn't address it:
If the drunk didn't try to swing at the bouncers (the bar's employees) while getting escorted off premises (not just out the door), this wouldn't have happened.

I do appreciate your replies and am taking them to heart with this. I did manage to find '89 glass' who will take $100 off the $500 deductible I have to pay with my comp auto insurance. I just wasn't wanting to pay anything.

Click to expand...

My response:

I realized, long ago, that you didn't want to pay anything yourself. It is quite common for people coming to this site to ask, in a round-a-bout manner, if there's a possibility for them to "pass the buck" to someone else.

I did address your question. I'll say it again - - a property owner is not liable for the criminal acts of others. Vandalism is a criminal act. The perpetrator "took the swing" - - not the bouncers - - and it was the perp who was arrested.

Believe me, I'm on your side. If I thought there was a way for you to recover from the bar, I would have told you.

You can still go after the perpetrator in Small Claims court.

IAAL

I really appreciate the information. Thanks. Will follow up with the perp in court.