The man who threw the punch is responsible for what he did. Under Washington law, though, he may not be the only one.
What a Bar Owes Its Customers
When you walk into a bar as a paying customer, the business owes you a duty of reasonable care. In Nivens v. 7-11 Hoagy’s Corner, the Washington Supreme Court held that businesses must take reasonable steps to protect customers from imminent criminal harm and from criminal conduct that is reasonably foreseeable.
A bar isn’t expected to prevent every fight, and Washington law doesn’t require every bar to hire security guards. The real question is whether or not the staff saw trouble coming and did nothing. Escalating arguments, a regular with a history of fights, and repeated incidents at the same location are all warning signs a reasonable bar owner shouldn’t ignore.
The building itself matters too. Broken stairs to a patio, a dark parking lot, or a spilled drink left on the floor can all lead to injuries that fall under premises liability.
When Overserving Becomes a Problem
Washington law is clear on overservice. RCW 66.44.200 prohibits selling alcohol to anyone who is apparently under the influence. Bartenders and servers in Washington must complete state alcohol server training, so they’re expected to recognize the signs.
If a bar keeps serving someone who is visibly intoxicated and that person goes on to hurt someone, in a fight inside or behind the wheel on the drive home, the bar may share responsibility for the harm.
Staying Safe on a Night Out in Tacoma
Most nights out end exactly as planned. A little preparation helps keep it that way.
Plan your ride home before the first drink. A designated driver, a rideshare, or Pierce Transit all beat getting behind the wheel. Arrive with friends, keep an eye on each other, and leave together. Keep your drink in sight, and don’t accept one you didn’t see poured.
If you notice tension building nearby, put some distance between yourself and the situation. Let staff know, and if things don’t settle down, leave. No round is worth an emergency room visit.
Parking deserves some consideration as well. Choose a well-lit spot close to the entrance, and don’t leave anything visible in your car. Car prowls happen in nearly every part of Tacoma. Before heading somewhere new, you can check recent activity by neighborhood on the Tacoma Police Crime Dashboard.
If You’re Hurt at a Bar
Get medical care first, even if your injuries seem minor. Report the incident to police, and ask the bar to document it. Photograph your injuries and the scene, and collect names and phone numbers from anyone who saw what happened.
Move quickly, because surveillance footage can be recorded over fast. Most personal injury claims in Washington carry a three-year deadline, but the strongest evidence is usually gathered in the first few weeks. Our FAQ page covers more of what to expect.
Talk to a Tacoma Attorney
If you were injured at a Tacoma bar and believe the bar played a part, the Law Offices of Michael Clark can review what happened and explain your options. There are no upfront fees, and you only pay if we win your case. Call 253.499.7844 or contact us today.