If I was assaulted in a private adult club and suffered injury, do I have a case?

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If I was assaulted in a private adult club and suffered injury, do I have a case?

My significant other and I were at a private adult club, when a male patron who was angry about something, walked by and pushed me to the floor. As a result I suffered a severely bruised thumb and possible broken ribs. Can I sue the club for lack of security?

Asked on July 2, 2012 under Personal Injury, Indiana

Answers:

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

Answered 9 years ago | Contributor

Since you were injured at the Club, you would have a claim against the Club based on premises liability.  This would be easier to prove than a negligence claim based on lack of security.

Prior to filing a lawsuit against the Club, it may be possible to settle your case with the Club's insurance carrier.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the Club's insurance carrier should include these items.  Compensation for the 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 your medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the Club's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the Club's insurance carrier, reject the settlement offers and file your lawsuit against the Club based on premises liability.  If the case is NOT settled with the Club's insurance carrier, 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.

If the person who assaulted you is identified, you could sue him for assault and battery.  Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Assault does not require any physical contact; only the apprehension of immediate physical contact.  The physical contact is battery.  Battery is the harmful or offensive touching of the person of another without consent or legal privilege. 

Assault and battery are both civil and criminal.  Your civil case (lawsuit) against the person who committed assault and battery is separate from the criminal case.

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

As for the criminal case, you should contact the police.


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