If I pushed a bouncer last weekend so he put me in a choke hold and threw me to the ground, am I at fault or can he be held liable for damages since all I did was push him?

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If I pushed a bouncer last weekend so he put me in a choke hold and threw me to the ground, am I at fault or can he be held liable for damages since all I did was push him?

I sprained my wrist and now my throat swelling is getting worse.

Asked on June 30, 2013 under Personal Injury, California

Answers:

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

Answered 10 years ago | Contributor

You were the aggressor when yoiu pushed the bouncer.  Pushing the bouncer would constitute assault and battery.  Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Battery is the physical contact, the harmful or offensive touching of the person of another without consent or legal privilege.

The bouncer could assert self defense to your lawsuit for assault and battery.  The issue is whether the bouncer used excessive force.  If you can claim that the bouncer used excessive force, then the bouncer's argument of self defense to being pushed by you won't prevail.  If the bouncer claims that he used reasonable force then the bouncer will prevail by arguing self defense.

The bouncer will claim that he used reasonable non-deadly force to stop the attack when you pushed him.  If you can establish that the bouncer used excessive force, you can recover damages for assault and battery for your injuries.  Your damages would include compensation  for the medical bills, compensation for pain and suffering, and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the information in the medical reports.  Compensation for wage loss is straight reimbursement. 


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.

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