Bar Sued After Bar Fight Turns Fatal
The widow of a man killed in a bar fight has filed a lawsuit against the bar, the bartender, the lessor, and the other individuals involved in the fight. According to the suit, David Vasquez died after his cousin, Arthur Richter Jr., picked a fight at the unfortunately-named Brew Ha Bar. The other man charged in the altercation, Carl Wimpey Jr., is currently incarcerated for the death as is Arthur Richter Jr. There is an additional fourth man who was not charged criminally but who is nonetheless named in the civil suit.
Vasquez died from complications caused by blunt-force trauma to his head. His wife has filed a wrongful death lawsuit against several named parties including all the men in the altercation, the bartender who failed to call 911 while the fight was taking place, the bar itself, and the company that leases the spot to the bar. In this article, we will discuss the case against the bar and the property owner.
Negligent Security Lawsuits
Negligent security lawsuits are a form of premises liability that are filed on the theory of negligent security. In this case, a plaintiff will claim that the owners of a property failed to adequately secure the property against potential threats and failed to have adequate security in place in order to break up fights and prevent violence. Like all premises liability lawsuits, it the plaintiff’s job to show that the property owners or those who manage the property could have foreseen that such an occurrence was likely to cause injury to their patrons.
In order to make this case, plaintiffs typically show that there were a number of other assaults on or around the premises. In this case, the Brew Ha Bar had seen 14 fights for a four-year period between 2013 and 2017. Additionally, the plaza in which it was located reported 44 assaults over a similar time period.
Based on those facts, the plaintiffs will attempt to build their case. However, it can be tricky to convince a jury that they should award a plaintiff money when they were involved in a fight. The bartender and other witnesses will likely attempt to blame the deceased patron for willingly entering the altercation of his own accord. In order for a jury to find in favor of the plaintiff, Vasquez’s own complicity cannot be more than 50%.
According to the attorney representing Vasquez’s family, he was attempting to intervene on behalf of his cousin who had initially picked the fight with Wimpey. Both are behind bars for the assault and both have been named in the lawsuit.