Can I sue a bar for serving someone intoxicated who had caused me bodily harm?

Asked over 2 years ago - Green Bay, WI

My sister was beligerently drunk. She is charged with 2 disorderly conducts, 1 count of assault and 1 count of battery, and 1 count of strangulation and suffocation. She attacked me after leaving a bar. I do not want her to service time, however I will be suing her depending on her charges. I was wondering if I could sue the bar as well for serving her too much. She was black out drunk, and you could tell. I have scratches on my face, bald spots from her ripping out my hair, and I had a golf ball or bigger sized lump on the side of my head.

Attorney answers (1)

  1. Michael C. Witt


    Contributor Level 18


    Lawyers agree

    Answered . Based upon your summary of the charges lodged against your sister by the State, at least one of them is probably a felony, meaning she could possibly be sent to prison. Damages resulting from intentional conduct are not covered by insurance, so unless your sister has enough assets to pay a damage judgment, it may not be easy to find a lawyer willing to handle a civil case for you. Since the attack occurred after leaving the bar, it seems like the claim you hope to pursue against the bar would be that they over-served her, but you do not provide any specific facts that would support that claim. While such a claim is possible, it seems like a difficult one under the circumstances you describe. You should contact the District Attorney's office in the county where she is charged, and ask to speak to the victim/witness coordinator. You can express your desire that your sister not serve time, and request restitution for any medical expense, property damage, lost wages, or other special damages as part of the criminal prosecution. General damages, like pain and suffering, are not available under the restitution statute. In Brown County, the DA's office can be reached at (920) 448-4190.

    This answer is provided for general information only. No legal advice can be given without a consult as to the... more

Related Topics

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Criminal charges for disorderly conduct

Disorderly conduct, usually a misdemeanor charge, means disrupting the peace or public space through threatening, disruptive, lewd, or drunken behavior.

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