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I was Stabbed in a South beach night club 9 times, can a night clubs liability insurance exclude incedents involving weapons?

Miami Beach, FL |
Filed under: Personal injury

I was stabbed by a patron who was originally kicked out of the club and somehow returned 10 min later with a knife and another suspect, the two suspects jumped a friend of mine, i jumped into to help and was stabbed 9 times, suffering a punctured kidney and asophagus, and multiple stabs to my neck chest side and stomach, and perminate facial, neck and head scares.

Attorney Answers 5


  1. Sorry to hear it. Insurance polices vary. Often there are intentional act exclusions and also exclusions for actions "arising out of" violence or other things that are not normally expected. This sounds like a case of negligent security, supervision or enforcement of policies. Where there is a policy, there is a way around it in many examples. Plus, they had a reason to know this guy was a trouble maker. It's a case we've brought and won before.

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  2. I have sued several South Beach Clubs for negligence. The simple answer is that an insurance policy is a contract and in the case of a Club On South Beach the parties can contract to exclude many incidents - alcohol related incidents, intentional acts and more. However, this does not mean that you can't sue the club.

    Good luck.

    DISCLAIMER - Any information provided is not legal advice. There is no attorney client relationship created in this group discussion. Do not rely on informal comminucation in this forum as legal advice. If you wish to obtain legal advice you should hire an attorney in your State.


  3. I agree with Messrs. Altman and Phillips. A bar owner can buy insurance that excludes acts such as you describe. You are not a party to that contract. You can still sue if you can find a lawyer willing to take you case. Good luck!

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  4. I'm sorry for the severe injuries you've received.
    While I haven't seen the insurance exclusion( and each one has to be individually analyzed ), There are many policies that exclude coverage for any assaults etc whether by bar employees or others.
    Insurance contracts are construed against the author (in this case, the insurance company) but if correctly drafted, such a provision could be ( and may already have been; research would need to be done) upheld by the courts.
    You need to consult with an experienced personal injury attorney who can review the entire facts ,including the validity of any exclusions and any other possible avenues of recovery.


  5. It's important to contact a personal injury attorney as soon as possible. The language of the insurance policy is the key. An experienced personal injury attorney would need to get a copy of the insurance policy to review it against your situation.

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