Q: What if I am in a bar or tavern and I am assaulted on the premises, is the owner liable?

A:

It is well established in common law that where one enters a saloon or tavern, opened for the entertainment of the public, that the proprietor is bound to see that he is properly protected from the assaults or insults of others as well as those who are in his employ from the drunken and vicious men whom he may choose to harbor.  Furthermore, the Restatement of Torts which has been adopted by Pennsylvania courts as well as the the Pennsylvania Dram Shop Statute also imposes liability to bar, saloon or tavern owners in Pennsylvania.

Following these principals, courts in Pennsylvania have found bars responsible for customers injuries caused by another (1) where the attack occurred in front of the bartender, who could have prevented it, and the defendant served alcohol to both the plaintiff who was injured and the assailant, who were both visibly intoxicated; (2) where the injured person was served alcohol while visibly intoxicated and was attacked by another patron; (3) where the injured person was attacked by a visibly intoxicated patron; (4) where an intoxicated plaintiff was attacked by another patron after being threatened by the bartender, and (5) where the injured party who was a patron was stabbed by another patron who was visibly intoxicated.

The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429