Legal Question in Criminal Law in California

Not sure what to do...

My wife and I have four kids, one starting UCLA this fall. I'm a professional and she stays at home to raise the family. We went out for a date night last Friday to a nice restaraunt / bar in our town. While we were sitting on a couch by the fire listening to a music group another couple sat across from us on the other couch. The girl, asian, began to dance very offensively in front of us, pulling here skirt up and showing her underwear and other things. My wife asked her politely a few times to stop and be respectful. The girly did not. It only made her pull her skirt up farther. My wife was drinking a glass of water and decided to splash her to "cool her off". I know not a good idea. Anyway the guy she was with came over and began yelling and threatening us. I did feel threatened so I shoved him backwards, again, I know not too smart. I turned to my wife to check on here and he punched me in the mouth. Not really a big deal. My wife, concerned, tried to get between us and the girl that was dancing smashed a glass on my wifes face. Causing a lot of trauma and bleeding. The bar owner / manager came over to see what was going on, along with his bouncers. they stopped me and my wife. We asked that they detain the other two and call the police. They did niether. I asked several times for them to call the police because I did not have a phone on me. They still did not, instead they showed us the way out. This seems like some sort of negligence or something to me.

Not sure if the club is liable for any of this or not.


Asked on 8/17/09, 6:54 pm

2 Answers from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

This is an unusual circumstance, but not unheard of. I believe they DO have liability for your losses and damages. They had their bouncers right there and used them to help the woman escape responsibility for what they did. This makes me wonder who those people were. A woman commits an assault with a deadly weapon and they throw the victim out? It sounds like they knew and were protecting the assailants.

In any event, there is in California a doctrine called "innkeeper's liability" and they had a duty to protect you, and I believe a duty to detain and identify the assailants. Having not done so, they may well have assumed the assailants' liability for the damages. This would require a lot more research to be authoritative, but you have a shot.

What I do NOT know is how bad your wife's injuries were. Did she require stitches? Is there expected to be scarring? Medical costs? In what city was this club? Did you ever report this crime to the police? Did the assailants stay in the club when you were escorted out?

If you want to preserve any possible rights you have to compensation, I strongly recommend that you have her face clearly (in focus) photographed from all angles to show the damage while it is fresh, including close ups.

My offices are in Marin County, which is probably a reasonable distance from you. If you want a free consultation to see if you have a case worth pursuing, you can call me. I have been doing personal injury litigation for over 30 years and once held a bus company liable for not identifying a passenger who attacked my client with a knife. Here is my website with my contact info:

http://negligentdeath.com/contact.htm

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Answered on 8/17/09, 7:47 pm
Brian Dinday Law Offices of Brian R. Dinday

So sorry. I misread your zip. You are way out of my area, but the key to the bar's liability can be found in the case of De Vera v. Long Beach Public Transport Co. (2nd Dist, 1986) 180 Cal. App. 3d 782, 794 to 795. See a local personal injury lawyer and have him or her look up this case.

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Answered on 8/17/09, 7:51 pm


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