What to do if I am a bouncer at a club/restaurant and was severely battered by a patron?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I am a bouncer at a club/restaurant and was severely battered by a patron?

He broke a beer bottle and cut my face and head. I have over 80 stitches and staples on my arm and face because of this assault. Who can I sue? What should be my first step?

Asked on January 31, 2012 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can absolutely sue the patron--assault is not "just" a crime, but is also a civil "tort," or something you can sue over. You could potentially recover unreimbursed medical costs and lost  wages, as well as pain and sufferiing.

You could potentially sue any friends/associates/etc. of his IF they took part in the assault in some way, including blocking your retreat; blocking others from helping or calling for help; restraining you; handing the attacker the bottle; etc.

You could only sue your employer (the club/restaurant) if it was at fault in some way. Examples would include allowing this patron in despite his having had a history of disturbance, violence, threats, etc.; not taking reasonable steps if he indicated violent potential that night (e.g. not calling the police or cutting him off from more alcohal, putting you in greater jeopardy). But if there's no reason to think the employer was particularly at fault, you can't sue it.

Unless you feel like you've been mostly compensated by any insurance you may have, leaving just a few hundred dollars or so to sue for, your first step is to speak with a personal injury attorney to evaluate your case. Many or most will provide a free initial consultation, so talk to a lawyer before trying to sue on your own (that's always an option if you don't like what  the lawyers are telling you).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption