What are my rights regarding an attack on me at a movie theater?
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What are my rights regarding an attack on me at a movie theater?
I got into an altercation at a movie theater and I was stabbed in the shoulder. The theater staff did not do anything to stop it and there were 3 guys trying to beat me up; everyone just watched it happen. They did call the cops but after the guys left.
Asked on May 13, 2014 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If your attackers are identified, you can press criminal charges against them for assault with a deadly weapon and battery.
Assault is intentionally placing someone in reasonable apprehension of an immediate battery without consent or legal privilege. Battery is the actual physical contact. Battery is the intentional or harmful touching of the person of another without consent or legal privilege.
Assault and battery are both civil (lawsuit) and criminal offenses. Your civil case (lawsuit) against the attackers (assuming they are identified) is separate from the criminal case. Your damages (the amount of compensation you are seeking in the civil case) would be compensation for your medical bills, compensation for pain and suffering, and compensation for wage loss. You can also seek punitive damages (a substantial amount to punish your attackers for their intentional, malicious attack).
You also have a personal injury claim against the theater because you were injured on the premises. It may be possible to settle your premises liability claim with the theater's insurance carrier without filing a lawsuit. When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable, documentation of wage loss. Your personal injury claim filed with the theater's insurance carrier should include these items.
Compensation for your medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury 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 theater's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the theater's insurance carrier, reject the settlement offers and file a lawsuit for premises liability against the theater. If the case is NOT settled with the theater's insurance carrier, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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