Most people over 21 are aware of local bars hosting special events and deals to attract a younger crowd. Sometimes the younger crowd is rowdier than the usual patrons. Should the bar be responsible if during one of these special events, the alleged rowdier than normal patron gets into a fight and injures another patron?
 

This is what the Maryland Court of Special Appeals considered recently in Troxel v. Iguana Cantina, LLC et al. In September 2008, the Plaintiff, Troxel, was at Iguana Cantina attending a "college night" promotion. While at the bar, Plaintiff was involved in an altercation with unknown individuals. Security from the club eventually became aware of the situation, and carried Troxel outside to Baltimore City police officers stationed outside of the club. Troxel then sued the club for negligence.
 

There were two potential theories a patron of a bar could assert against a bar for this kind of incident: dram shop liability, and premises liability. Dram shop liability allows a plaintiff to recover damages from a seller of alcoholic beverages for the Plaintiff’s injuries caused by a customer’s intoxication. The focus in dram shop cases is on the club’s illegal sale of alcohol. Maryland does not recognize dram shop liability.
 

Premises liability provides relief to a plaintiff subjected to dangerous conditions on an establishment’s premises. The bar has a duty to protect its patrons when 1) the owner controlled a dangerous or defective condition, 2) the owner knew or should have known of the injury causing condition, and 3) that the harm suffered was a foreseeable result of that condition. While a landowner will not always be responsible for criminal acts on its property, a landowner will be responsible for criminal acts if the landowner had prior knowledge of "similar criminal activity - evidenced by past events - occurring on the premises".
 

In the Troxel case, there was evidence of multiple crimes reported at the Iguana Cantina during the two years prior, including prior assaults and robberies. In addition to the police reports, there was also testimony from employees regarding fights occurring regularly at the bar, and an affidavit from a former employee who "experienced up to five fights per night on college nights". The Court of Special Appeals held that these facts were enough to allow a jury to determine the bar’s liability.
 

Now the question remains, what will a jury do? Will the jury hold the bar responsible for a bar fight because "college night" gets rowdy? The only way to find out is to wait for the jury’s decision. Come back and visit www.decarodoran.com as we continue to follow this case.
 

In the meantime, post your comments to let us know what you would do if you were on the jury. Would you hold the bar liable for the fight?