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New York Court Recognizes General Municipal Law Claim For Police Officer Injured Breaking Up A Bar Fight

March 7, 2013

New York City personal injury lawyer Michael Joseph won a major legal battle by advancing the law in the area of New York Police Officer injury cases. Our New York police line of duty accident lawyer successfully convinced the New York Supreme Court that a nightclub owner could be held responsible for operating a disorderly and violent premises when a police officer suffers personal injuries while breaking up violent altercations which start in a rowdy bar or nightclub.

New York General Municipal Law 205-e allows police officers and firefighters to sue anyone who violates a law or ordinance which causes a police officer or firefighter to become injured. Our New York and Westchester police injury lawyers were the first to successfully use the Alcohol Beverage and Control Law and the New York City Administrative Code as underlying statutes to hold owners of a nightclub responsible for injuries to a New York City Police Officer. Alcohol and Beverage Control Law 106-6 prohibits premises which sell alcohol from being disorderly. Alcohol and Beverage Control Law 118 prohibits misconduct, disorder or disturbance which adversely affects the health and safety of the surrounding area. New York City Administrative Code 20-106 requires a premises that sells Alcohol to exercise a high degree of control and supervision of over the licensed premises and New York City Administrative Code 20-107 requires the bar owner to control the crowd, including when the crowd is waiting to enter the premises and when leaving the premises.

The New York Supreme Court found that our New York City personal injury lawyers successfully proved that the nightclub in question was disorderly through proof of nuisance abatement cases, testimony from officers as to the routinely violent nature of the bar’s clientele and documented instances of disorder at the premises through police department records.

Our accident lawyers have handled numerous line of injury cases in New York City and Westchester.

The Law Offices of Michael H. Joseph