Legal Question in Personal Injury in California

Re: How would I go about filing a suit with a nightclub?

I am presently handing a wrongful death case against a popular LA night club with similar facts. There are several things need to be clarified before a liability decision can be made. (1) Size of the club, (2) presence of security guards, (3) foreseeability and prior incidents, (4) general area of the club (safe vs. unsafe area), (5) searches for weapons at the door and other safety and security measures or lack thereof. This will require an expert evaluation.

Contact a lawyer of your choice or contact me for a free evaluation.

Good luck.

Re: How would I go about filing a suit with a nightclub?

The nightclub owes a duty to keep its customers safe from harm. Of course, if something like this had occurred in the past, the nightclub had notice that they should provide additional security. You could contact our office and we will set up a free consultaion.

Re: How would I go about filing a suit with a nightclub?

Unless the person who stabbed you was a club employee, you may have a hard time winning in court. It seems that the only claim you would have against the club is negligence, for not having adequate security. In order to win, you would have to prove that the club had a legal duty to provide security, and offhand I don't know whether you could do that.

Also, a party's liability for negligence is normally cut off by the intervining criminal actions of others. Thus, the person who stabbed you would be legally responsible for your injuries but the club probably would not.

I say "probably" because the outcome will depend upon the specific facts of the case, and there may be facts beyond what you have provided which would support a judgment against the club.

Keep in mind that a judgement isn't worth much unless the defendant can pay it. Do you think the club has enough money to defend itself and then pay a large judgment? The club may have liability insurance, but the insurance will not help if it turns out that the club has breached the policy -- and failing to have reasonable security might be a breach.

You should set up an appointment with a lawyer and discuss the facts of your case with her. Your case may be quite solid, but there is no way to tell with the limited facts you have provided.

Re: How would I go about filing a suit with a nightclub?

You don't file a lawsuit with a nightclub, you file it with the clerk of the court. But seriously, whether or not the nightclub had a duty to protect you depends on various factors such as whether there were previous incidents in the club, the identity of the stabber (was he an employee or owner of the club, or did the club have reason to know the guy was dangerous), and other things. You should consult a lawyer in person, bring a copy of the police report. Sorry this terrible thing happened to you.

Re: How would I go about filing a suit with a nightclub?

If you can prove your facts as stated, I'll sue for you on a contingency basis. You may contact me.