Legal Question in Personal Injury in California
I was in California on vacation when I was assaulted outside of a night club. This incident happened back on Oct 16, 2010. I was leaving the establishment when a man outside of the night club picked me up and fell backwards causing me to hit my head on the sidewalk. As a result I suffered from a hematoma and a concussion. My friend that was with me panic and just took me away from the scene trying to get ice for my head.
We contacted the night club a few days later and they said they would review the tapes and help us out. After going back & forth for a few weeks, the club said they question the guy who did this to me but he's claiming I was drunk and now the club is as well. I was not drunk. I flew back home the day after the incident and was seen by my doctor. It's been 2 months and I am still suffering from post-concussion symptoms. I also filed a report with LAPD regarding this situation and no one has gotten back to me. Can I sue the night club for my damages since they will not give up the information to the guy who assaulted me? Please advise.
Thanks,
Rhea
2 Answers from Attorneys
You will have one hell of an uphill battle to prove what you are saying is true. I'd give it up.
Cases against eating or bar establishments are not easy cases. You can sue the nightclub under a theory of failure to provide proper security. However, based on the facts that you have provided, your case would be very problematic. First you have to show that there was security provided, then was it adequate, then was there something that could have been done to prevent it. There are a number of hurdles. Was the person that assualted you an employee, or a patron. Are there any witnesses, in the event the tape is gone, or doesn't show the fight.
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