Common Types of Bar and Nightclub Injury Cases
Mark explains that most legal cases involving nightlife venues in New York fall under three main categories:
Excessive force by bouncers or security staff – when security uses unnecessary violence to remove a patron.
Negligent security – when a bar or club fails to maintain adequate safety measures or staffing.
Dram shop liability – when a bar overserves alcohol to a patron who later injures another person or causes a drunk driving accident.
He notes that these cases often overlap. For example, an intoxicated patron who should have been cut off might also be involved in a fight due to inadequate security response.
Understanding New York’s Dram Shop Law
In New York, bars and restaurants are legally responsible for serving alcohol responsibly. Mark explains that under New York’s Dram Shop Law, it’s illegal to serve alcohol to anyone under 21 or to a visibly intoxicated patron.
If a minor is served and causes an injury—whether or not they appear drunk—the establishment can be held liable. Likewise, overserving an adult who is clearly intoxicated can expose the bar to significant legal risk. Signs such as slurred speech, stumbling, or erratic behavior are key evidence used to prove over-service.
Surveillance footage often plays a major role in these cases, showing whether the staff should have stopped serving alcohol sooner.
How Bars Defend Themselves Against Overserving Claims
When accused of overserving, bars often argue that the patron was already drunk before entering the establishment or that they didn’t actually serve that person alcohol. Mark emphasizes the importance of identifying the patron and collecting evidence like receipts, tabs, and security footage to prove the connection.
If a bar cannot show that they took reasonable precautions—or if there’s proof they ignored signs of intoxication—they can be held responsible for resulting injuries or damages.
What Constitutes Negligent Security in Nightlife Venues
Negligent security claims focus on whether the establishment provided adequate protection for patrons. Mark evaluates these cases by looking at the ratio of security guards to patrons, their positions inside and outside the venue, and how quickly they responded when fights broke out.
If an altercation lasted several minutes with no security intervention, the venue may be found negligent. However, if the incident happened too quickly for a response, it may not meet the legal threshold.
How Much Force Can Bouncers Legally Use?
According to Mark, bouncers are allowed to remove dangerous patrons, but their level of force must be proportionate to the threat. If a bouncer uses excessive force that causes injury, both the individual and the establishment could face liability.
Each case depends on context—such as the size of the bouncer, the level of aggression from the patron, and the perceived risk to others. Ultimately, the law expects bouncers to act reasonably and avoid unnecessary harm.
Are Bars Responsible for Patrons After They’re Ejected?
While common sense suggests helping severely intoxicated individuals, Mark clarifies that bars are not legally required to ensure every removed patron gets home safely. Their duty typically ends once the person leaves the property—unless the individual is in clear medical distress, in which case calling an ambulance may be appropriate.
Challenges With Witnesses and Evidence
Witness testimony can be unreliable in these cases, especially when alcohol is involved. Mark says most bystanders are also drinking and often friends of the people involved, making objective statements rare.
Instead, his firm focuses on staff depositions—interviewing bouncers, bartenders, and managers to identify inconsistencies in their accounts and determine whether the bar followed its own safety protocols that night.
How Insurance Companies Handle These Claims
Insurance companies often try to minimize payouts by blaming the victim or questioning the events leading up to the injury. In one of Mark’s first dram shop cases, the defense claimed his client was the aggressor—until it was revealed that the intoxicated patron had pleaded guilty to assault, making the bar’s argument invalid.
However, Mark points out a key limitation: under New York’s dram shop law, a person who was also intoxicated at the time of injury cannot benefit from the law. This prevents cases where both parties were drinking from turning into mutual liability claims.
Can You Sue the Individual Who Injured You?
While victims technically can sue the person who assaulted them, Mark explains that these cases rarely lead to financial recovery because individuals often lack the assets or insurance coverage to pay damages.
For that reason, most personal injury attorneys pursue claims against the establishment or property owner, where insurance is available to cover compensation. Still, even that can be complicated if the property owner lacks coverage or files for bankruptcy.
Final Advice for Victims of Bar or Nightclub Injuries
Mark advises anyone injured in a bar or nightclub incident to contact an experienced attorney as soon as possible. Gathering surveillance footage, witness information, and staff reports quickly can make or break the case.
He emphasizes that victims often have more legal options than they realize—whether the case involves negligent security, bouncer violence, or overserving alcohol.
If you’ve been injured at a New York bar or nightclub, you can contact Mark Shirian and his team at Mark David Shirian PC to explore your legal rights and potential compensation.