Legal Question in Personal Injury in California
Personal injuries
I was restrained by bouncers at a night club, from this restrainment I received a number of serious injuries, a broken left elbow, a sprained right shoulder, bruises around my neck, arms, legs an chest as well as minor cuts and scratches. I was later arrested for public intoxication, booked into county jail and received no medical attention for my injuries. Even though I was being ejected from a bar, isn't there any restricions or liabilities that the bar should sustain when dealing with customers? Should I take the bouncer to court, or since he was on duty do I have a case against the bar itself. Also, can the police department have any responsibility for not taking me to the hospital since I had received the injuries before I was arrested?
2 Answers from Attorneys
Re: Personal injuries
these are tough situations, since you were arrested that shows the police believe you commited a crime, which would justify the restraint if the force was reasonable. Your argument is un-reasonable force in the restraint. If they have evidence of your beligerence and resistance, it shows their need to use force. You can sue the bouncer and bar, proof is your problem.
Re: Personal injuries
Thank you for your posting.
Your case might be complicated by the fact that you were cited for violating the law. A bouncer has the right to use reasonable force to prevent harm to others or in self defense, so the issue of what force was reasonable is going to be an issue of debate in your case.
It's not clear from your information whether or not the police knew the extent of your injuries -- if they did, they might have had a duty to send you to the hospital, unless you were still a danger to them or others.
I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It�s my pleasure to help in any way that I can.
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