Where do I file assault charges if I was pushed in to a hotel pool by a guest that was intoxicated?

Hotel located in MS; i live in TX.

Asked on August 28, 2011 Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Although assault can include physical contact, physical contact is not required.  Assault only requires being placed in reasonable apprehension of an immediate battery (physical contact).

Battery is the harmful or offensive touching of the person of another without consent or legal privilege.

Assault and battery are both civil (lawsuit) and criminal matters.

You could sue the guest for assault and battery.  A lawsuit can be filed where the plaintiff lives or where the defendant lives or where the incident occurred.  You could file your lawsuit in either TX or MS or in the state where the drunken guest lives.   Your lawsuit would include separate causes of action (claims) for assault and battery.  Your lawsuit should also include a separate cause of action (claim) for negligence and should name the hotel as well as the drunken guest as defendants.  The hotel is liable for negligence as the property owner for failing to supervise or keep drunken guests away from the pool.

For convenience in filing documents with the court and court appearances, it would be preferable to file your lawsuit in TX where you reside.

As for the criminal charges for assault and battery against the drunken guest, those charges would have to be filed in MS where the assault and battery occurred. 

 

 

 


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