Can I sue a bar/restaurant for being physically assaulted due to the negligence of the bouncers?
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Can I sue a bar/restaurant for being physically assaulted due to the negligence of the bouncers?
There were 2 bouncers were chasing an individual out of the bar. I was an innocent
bystander who happened to get blindsided and trampled by all 3 of them. The
individual being chased ended up escaping. I want to press charges on the bar due to the 2 bouncer’s negligence in the handling of the situation. They put me in danger when chasing this individual out of the bar. The situation could have been handled better without serious injury to innocent patrons. My injuries includes a gash to the forehead 7 stitches, a busted lip, and other minor bruises to the face requiring a visit to the ER. My girlfriend was also injured during this incident and is having serious back pain.
Asked on January 3, 2017 under Personal Injury, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Prior to filing a lawsuit against the bar/restaurant, it may be possible to settle the case with the bar's/restaurant's insurance carrier. You and your girlfriend have separate personal injury claims.
When you or your girlfriend complete medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. The personal injury claim filed with the insurance carrier for the bar/restaurant should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the nature and extent of the injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carrier for the bar/restaurant, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the bar/restaurant.
If the case is NOT settled, your lawsuit for negligence against the bar/restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Your girlfriend would follow the same procedures with regard to her personal injury claim.
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