Legal Question in Civil Litigation in California
I was at a nightclub and a brawl ensued. I was pepper sprayed and thrown outside unable to see. I asked repeatedly for him to give me something so I could be able to see. Then multiple people attacked me and since I couldn't see, I was assaulted badly while the security watched from the door and did absolutely nothing. Is there anything I can do to hold the nightclub responsible? One of the perps was arrested.
1 Answer from Attorneys
That depends. Was the person who sprayed you working for the club? If not, winning a judgment against the club would probably be difficult. It normally wouldn't be responsible for the conduct of patrons (or non-patrons) outside. But I can imagine circumstances where it would be.
Even if the person who sprayed you did work for the club, you might not have much of a case. You notably have not said *why* you were sprayed, and you haven't denied that it was appropriate. If the spraying was justified, the club can't be liable for it. It's not clear to me whether it had a duty to help you deal with the spray afterwards. It's also not clear whether you would have suffered fewer injuries as a result.
Regardless of who sprayed you, your case will also be weaker if you instigated the fight, or even if you escalated it. You haven't told us whether the "brawl ensued" because of something you did, but that's an important detail.
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