Legal Question in Criminal Law in California
Assaulted outside a restaurant/pub
My questions regards leaving an establishment walking to our parked car in this establishments ''private parking'' my husband being jumped by three punks. Three security guards of this est. sat there then entire time my husband was beaten unconscious, which was about 10-15 yards away.
Local Emergency Room RN told us �a lot of people from�� the ER physician said �I see people all the time from�all the time, just all the time�. There were two young guys sitting in the waiting room of this ER who�d been at the same est. about one hour after us.
Unbeknownst to us, this has been an ongoing problem and can prove this out via local newspaper articles and police calls.
My husband�s injuries were muscles, though full X-Rays and CAT Scats were done to rule out internal injuries and concussion. Two broken teeth and broken eye-glasses. He was kicked and kicked while on the ground�amazing�and the security of this est. SAT THERE and didn�t call 911.
After calling this est. for insurance information, they refused.
What is the legal recourse?
3 Answers from Attorneys
Re: Assaulted outside a restaurant/pub
Recourse? Either walk away, or sue. Such cases are difficult because of the defenses available to any establishment - in general they are not responsible for criminal acts of others. As suggested earlier, an attorney could try to use threat of suit to settle. If that doesn't work, you'll have to 'pay your money and take your chances' on a lawsuit. If there is evidence that the business knew for some time of the frequency of attacks on their property, you can argue they had a duty to protect by increasing security, etc. You can also argue their personnel failed in their duty to assist or call for help. Feel free to contact me if serious about pursuing suit, if the case is in SoCal.
Re: Assaulted outside a restaurant/pub
You should consult a civil lawyer to evaluate chances of a civil lawsuit against the establishment. Feel fee to contact me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Assaulted outside a restaurant/pub
If this happened in the Bay Area/N. Cal., feel free to call me to discuss: 510.238.9610, www.classlitigation.com. Generally, the establishment will have a duty to take reasonable measures to obtain aid for a patron leaving the establishment, if it is aware of the immediate danger/attack.
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