Legal Question in Personal Injury in West Virginia

Re: do we have a case?

Sounds nasty. I hope he's not badly hurt.

The answer is 'most likely, yes.' The claims would probably include negligent supervision/failure to supervise, negligent hiring (of personnel who allowed the incident to occur). Failure to create a safe public environment. Possibly negligent overserving of alcohol. If the assailant was truly underage, that provides significant additional leverage over the bar, which could help facilitate a favorable settlement.

I could forsee an obstacle if your son was clearly the aggressor - picked the fight and witnesses will say so. Other facts specific to the incident would also need to be assessed as well. But what you've described certainly appears worth looking into. Its horrible he was hit in the face.

The bar almost certainly has insurance that probably would cover liability for negligence. Its always nice to know the defendant can pay if you prevail. There could also be a claim against the assailant as well.

Feel free to contact me directly if you'd like more information, or want to discuss the matter further.

Re: do we have a case?

I would want to know more detail about the case. If the bar was negligent in serving alcohol to the underaged patron, then your nephew may well have a case. The negligence could arise from knowingly permitting the underaged patron to enter the bar, or serving him when he was obviously intoxicated or threatening. Permitting a threatening patron to remain in the bar may give rise to liability. It might be important to determine whether the aggressor used a fake ID to enter the bar. It is important to investigate these cases promptly because the memories of witnesses in bars can fade quickly. This area of the law is know as dramshop liability law. There is an article discussing dram shop liability on my web site. Just last year we recovered a settlement of $47,500 for a woman who cut her hand when she was shoved in a bar by another intoxicated customer. Please call me if you would like to discuss your nephew's case in greater detail.