What can I do if I was assaulted by a bouncer and needed hospital care?

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What can I do if I was assaulted by a bouncer and needed hospital care?

I was assaulted by a bouncer at a local pub for no reason and suffered head injuries which now has me missing work. I’m trying to press charges but the local cops are stone walling me. I think the bar owner has them in his back pocket. I don’t know what to do. I am losing pay and have acquired all these hospital bills.

Asked on October 11, 2011 under Personal Injury, Ohio

Answers:

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

Answered 9 years ago | Contributor

It would be advisable to speak with a personal injury attorney.

Assault and battery are both civil (lawsuit) and criminal matters.  Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege. Assault does not require physical contact.  Battery is the physical contact.  Battery is the intentional, harmful or offensive touching of the person of another without consent or legal privilege.

The criminal case is separate from the civil case.  In addition to filing criminal charges with the police as you have attempted to do, you can sue the bouncer for assault and battery.  Assault and battery would be separate causes of action (claims) in your lawsuit.  Your damages (the amount you are seeking to recover in your lawsuit) would include the medical bills, wage loss and compensation for pain and suffering.  You might also want to consider punitive damages (a substantial amount to punish the bouncer for intentional and malicious acts).  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  It would be premature to file your lawsuit against the bouncer until you have completed your medical treatment and are released by the doctor because you wouldn't know your total medical bills and total wage loss and have your final medical report.  The medical report(s) will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.

Your lawsuit against the bouncer should also name the bar/bar owner as a defendant.  Your claim against the bar/bar owner would be for negligent hiring of the bouncer.  Since assault and battery are intentional acts, intentional acts are considered to be outside the scope of employment and therefore the bar could claim it is not liable for assault and battery committed by its employee, the bouncer.  An employer is only liable for negligence of an employee occurring during the course and scope of employment.  That is why your cause of action (claim in your lawsuit) against the bar/bar owner should be for negligent hiring.

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 

 


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