Legal Commentary On This Story Brought To You By Attorney Brian Kent
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Police have made an arrest in connection with a stabbing that left an unidentified victim severely wounded at the Half Moon Bar in Hudson early Monday morning. 35-year-old Julian Omar Smith is facing charges of second-degree assault and two counts of seventh-degree criminal possession of a controlled substance. The incident happened at around 2 a.m. at the Half Moon Bar, located at 48 South Front St. Police believe the stabbing occurred during a physical altercation between Smith and the victim.
The 39-year-old male victim suffered several cuts to his chest and stomach. He was brought to Albany Medical Center for treatment. The victim is expected to recover from his injuries. As of late Monday night, he was still in the hospital and his condition was unknown.
Smith fled the scene of the stabbing, but police obtained a search warrant and found him at his home after speaking with witnesses at the Half Moon Bar. If convicted, Smith faces a maximum of seven years in state prison.
Here is attorney contributor Brian Kent with some discussion of the legal options available to violent crime victims and wondering if they can file a lawsuit for being stabbed:
The patrons of bars and nightclubs have an expectation that they will be reasonably safe. Property owners are legally obligated to keep their premises safe from preventable dangers that could result in injuries to their guests. Guarding against foreseeable violent crime is part of this obligation.
While not all violent crime is foreseeable, some cases of shootings and stabbings in bars or nightclubs may have been preventable by better security. Additionally, sometimes patrons are served alcohol after they'd already become visibly intoxicated and a potential danger to others. In either case, the victims of violent crime could have grounds for a lawsuit against the bar owner.
In order to determine if you have grounds for a crime victim lawsuit, you will need to discuss the details of your case with an experienced crime victim lawyer.
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