Couple Violently Assault Man In Houston Bar Fight
A Houston couple are facing charges after a savage beating during which another man was beaten severely, sexually assaulted, and then robbed. The couple is facing charges for aggravated battery, aggravated sexual assault, and robbery. Livingston & Flowers handles negligent security lawsuits. While there is no case yet to emerge from this incident, it is likely that a strong negligent security argument could be made from the details surrounding the assault.
The defendants, a couple, were talking to a man at the bar when the conversation appeared to go sideways. The couple left the bar, but returned 10 minutes later. Witnesses say that the couple forced their way back into the bar and began savagely beating the man. The police were called, but the beating continued until they arrived. In that span of time, no one tried to intervene on his behalf. He was unconscious within the first 5 seconds of the beating and the suspects continued to injure him with a bar stool. They had enough time to sexually assault him in full view of patrons and employees.
Elements of negligence in a negligent security lawsuit
The doctrine of foreseeability is used in premises liability lawsuits. The foreseeability test requires that a plaintiff show that the defendant either knew about the dangerous condition, should have been able to anticipate the dangerous condition, or themselves caused the dangerous condition. Lawsuits involving negligent security often use past incidents at an establishment to establish that the establishment and its proprietor failed to respond to security issues at their bar. This satisfies the foreseeability requirement, but what happens when there has only been one serious incident at the establishment?
Let’s assume that the establishment where the beating occurred had zero incidences of physical violence on the premises. Everything that happened during the time when the police arrived to the time when the altercation began can also be analyzed for negligence. How long did it take employees to call the police? Why was this couple allowed to beat a man within an inch of his life while others watched and stared?
To be sure, a bartender does not have a duty to intervene in a bar fight. However, the owner of the bar has a duty to ensure that their customers are safe from harm. This duty does not extend to situations where the cause of injury cannot be reasonably foreseen. It likewise does not extend to placing one’s own life in danger or breaking up fights. Bars that have a history of fights are required to provide security and bouncers. Most bars do. When there’s an issue, the bouncer intervenes and removes the offending parties from the premises. This, in fact, is how you stop these sorts of fights from happening in the first place.
So because the proprietor had a remedy at their disposal, it’s possible they could be held liable for this incident, especially, if it’s not the first time a fight broke out at the bar.
Talk to a Houston Personal Injury Attorney
The Houston personal injury attorneys at Livingston & Flowers file lawsuits against those who have negligently secured their property from known dangers. This includes apartment complexes, stores, bars, and more. Call today to learn more about how we can recover damages related to your injuries.