You can sue, but that does not mean that you will prevail on the merits. There are a great many other facts that you do not mention that will bear on the issues of liability and damages, so it is difficult to know if that suit is worth pursuing. The fact that he was convicted in criminal court is certainly not helpful to your arguments. You should consult a good litigation attorney to go over all of the facts, issues, costs of moving forward, along with the chances of winning on the merits.
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You can sue anyone for anything. The question is will you win. I am not sure YOU have a cause of action as YOU were not harmed. Unless your son is a minor, you cannot stand in his shoes. Your son was maybe harmed, and maybe the "victim" was harmed. Both of them MAY have a cause of action. The facts would dictate who can sue and if they could win. I highly doubt YOU have standing to file a lawsuit. If your son files a lawsuit, do you think he would win. He would be saying, I came into this establish under my own free will, and drank under my own free will, and now bar, since you served me, the fact I got in a fight, that is YOUR fault. If you son was harmed by the consumption of the alcohol, then SURE he would have a case, but he would be alleging the bars actions in getting what he freely sought, somehow trump his actions of getting in a fight. I doubt that would fly. Your son needs to accept responsibility for his actions and if he does so the court may let him out early. There are plenty of programs in jail in which he can TRY to make a difference in his life or others. I wish him Good luck and hopefully he can get his life back on track.
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The answer to this questions depends on a variety of factors. You should consult with an attorney.
All of Ms. Lawrence's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Lawrence is licensed to practice law in Ohio. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.