Texas Supreme Court upholds liability against bar owner
The Texas Supreme Court recently upheld a lower court decision holding a bar owner responsible for injuries a patron sustained as a result of a brawl with others at the bar.
The fight occurred after 90 minutes of escalating tensions between a group of fraternity members and a wedding party. During that hour and a half, members of the two groups exchanged insults, and some shoves and pushes. After the fight broke out, Plaintiff Bradley Smith entered the melee to rescue a friend. Smith was attacked and suffered severe injuries including a skull fracture and brain damage.
The Court rejected Del Lago's argument that it should not be liable for the criminal acts of its patrons, reasoning that the establishment had a duty to protect Smith since the danger became foreseeable during the 90 minute lead up to the fight.
The case is Del Lago Partners, Inc. et al v. Smith, No. 06-1022.
If you have been injured, contact the attorneys of Fears | Nachawati today to receive free legal assistance. Phone us toll free at 1-866-705-7584 to speak with one of our Texas personal injury lawyers.
