What If Someone Gets Assaulted at My Restaurant - Does General Liability Cover It?
Standard CGL policies exclude assault and battery incidents through the assault and battery exclusion endorsement commonly added to restaurant policies. General liability does not automatically cover customer injuries from physical altercations, fights, or violent attacks on restaurant premises — insurers routinely add this manuscript exclusion because intentional physical harm conflicts with CGL's focus on accidental bodily injury.
Who Gets This Exclusion, and Why
Establishments serving alcohol — bars, nightclubs, taverns, late-night operations, sports bars — face higher intoxication-related violence risk. Operational risk factors like operating past midnight, limited security staffing, and high customer turnover compound it, as does location-based risk: high-crime areas, proximity to nightlife districts, or a prior history of violent incidents.
The Coverage Gap and How to Close It
Assault and battery liability insurance typically runs $1,000,000 to $2,000,000 in limits, either as an endorsement to CGL or a standalone policy, with annual premiums of $500 to $3,000 depending on risk factors. It covers what CGL excludes: allegations of inadequate security, negligent hiring or supervision, over-service of alcohol to visibly intoxicated patrons, and failure to intervene in escalating confrontations.
Courts weigh several factors when evaluating restaurant liability for an assault: foreseeability of violence (prior incidents, crime statistics), adequacy of security measures (lighting, cameras, staffing), staff de-escalation training, and whether the establishment type (bar vs. family dining) met the expected standard of care.
What Assault Claims Actually Cost
According to National Restaurant Association data, standard assault injury claims settle in the $200,000 to $800,000 range including medical expenses, lost wages, and pain and suffering, with legal defense averaging $75,000 to $150,000. Severe cases — traumatic brain injury, permanent disability — regularly exceed $2,000,000 in total damages.
When CGL Might Still Apply
Negligent security claims can trigger premises liability under an unsafe-conditions theory — inadequate lighting that enabled an assault, for example — distinct from the intentional-act exclusion. Employee assault during job duties (a bouncer removing a disorderly patron, a guard using excessive force) can bring vicarious employer liability within CGL's scope despite the intentional nature of the act. And separate liquor liability insurance sometimes covers violence tied to over-service, though that's a related policy, not CGL itself.
Reducing the Exposure
- Regular security assessments and lighting/camera audits
- Staff training in conflict de-escalation and responsible alcohol service
- Incident reporting, witness statements, surveillance preservation
- Broker consultation to confirm whether your CGL excludes assault and battery, and whether you need standalone coverage
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