I was assualted in a nightclub and am suffering physical damage as a result, how do I go about suing the club?

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I was assualted in a nightclub and am suffering physical damage as a result, how do I go about suing the club?

There was a fight in the club which I had nothing to do with. One of the people who was fighting hit me and pulled a large amount of my hair out. In the process of the fight my phone was broken. The people who were fighting were not arrested and I want to sue the club for pain and suffering, as well as for the cost of my phone. What should I do?

Asked on April 15, 2012 under Personal Injury, Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 9 years ago | Contributor

I would be interested in knowing what night club. Also you need further examination into whther the night club was negligent in anyway. Was the club over serving those that got in the fight? Was there adequate security. Could this have been avoided?

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, was the club at fault? If the club was not at fault, you can't sue them--they are not liable for the wrongful acts of third parties not under their control. To have any chance of prevailing, you'd need to show that either you were injured by club employees, or that the person(s) who hurt you had been causing problems, but the club took no action, or that the conditions were generally unreasonably dangerous (not enough staff and too crowded, too many patrons who were too drunk, etc.)

Second, even assuming you could show the above, it's not likely worth your while to sue. "Pain and suffering" does not mean short term pain--it means lasting pain, disfigurement, disability, etc. which interferes with the enjoyment of life. The amount of money you could get for some pulled out har and a broken phone is likely less than the cost of a lawsuit.


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