A Florida personal injury lawsuit has been filed by a bar employee against infamous Backstreet Boy Nick Carter, who was arrested last month following a brawl at the establishment in Key West. beers1

According to USA Today, the 21-year-old plaintiff accuses Carter of battery, asserting in his lawsuit that defendant violently attacked plaintiff by choking and striking him. The incident occurred at an establishment called the Hog’s Breath Saloon, which is known as a popular pub in the vacation destination spot.

Plaintiff alleges that as a result of the attack, he suffered bodily injury, pain and suffering and mental anguish. 

Personal injury lawsuits like this are somewhat unusual for a few reasons. Typically, insurance companies will not cover injuries caused by an insured for intentional injuries. Certainly, battery would be considered an “intentional injury.” So any umbrella insurance coverage (liability insurance) an individual may have probably won’t provide coverage. That doesn’t stop a plaintiff from pursuing action against the individual, but it does make it tougher to collect those damages unless the defendant is personally wealthy.

But in this case, Carter is an international pop star. He likely has personal assets that make it worthwhile to take this kind of legal action.

In situations where a person is hurt by someone who isn’t a world-famous singer, there could still be a few options. The first would be to explore a premises liability lawsuit against the establishment. In a case like this, our personal injury lawyers would explore to what extent the business took into account past instances of violence and whether reasonable efforts were taken to ensure patrons’ safety. A failure to take adequate measures could result in a claim of negligent security.

Here, the plaintiff is an employee of the bar, which means he can’t file a personal injury lawsuit against the bar itself. Any claim he has for injuries would be paid for by workers’ compensation (assuming the bar properly carried this coverage). So in that case, his only option is a third-party liability lawsuit. The only third party he could reasonably take action against (based on the fact known so far) is Carter.

According to news reports, Carter, an expectant father, and his friend reportedly choked and punched the worker after the pair were ejected from the bar for being unruly and inebriated. This was after the bartender refused to serve the pair because, “they were already too drunk.” As a result, the pair allegedly became agitated and they were asked to leave.

Then, outside, the two allegedly fought with employees of the bar.

The two men were later arrested on one count of misdemeanor battery. In a series of tweets issued by Carter after the incident, he seemed to accept responsibility – which could ultimately help plaintiff’s case. Carter stated he was “not perfect” and that he was “sorry.”

Plaintiff said he was only doing his job in an effort to maintain order, and did not deserve to be targeted for attack. He criticized Carter’s tweets as a “backhanded apology” and “a crude attempt to control public relations.”

Amount of damages plaintiff is seeking were not specified, and would be ascertained by a jury.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Nick Carter sued over Key West bar brawl arrest, Jan. 27, 2016, By Maria Puente, USA Today

More Blog Entries:

Florida Wrongful Death Lawsuit Against Police to Proceed to Trial, Jan. 24, 2016, Miami Personal Injury Lawyer Blog