Legal Question in Personal Injury in Georgia

When someone assaults you are you libal for their injuries?

I'm a bartender and after close I had asked a regular patron multiple times (over 10) to leave the establishment, she continued to refuse, and then threw a beer at me. While escorting her to the door, she turned and attemped to assult me, I restrained her fists, never pushed, punched, or in any other way tried to injure her.

She then called the cops in the parking lot, and claimed her shoulder was dislocated, and didn't press criminal assault charges because she would have also went to jail for assault, but is now wanting me to pay her medical bills.

The entire thing is on video. Does she have a case? She plans on sueing me in small claims. Do I have a counter suit for time wasted ? False Charges?


Asked on 3/12/06, 4:04 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: When someone assaults you are you libal for their injuries?

I don't think she has any case at all. However, you should consult with a local attorney the review the tape, talk to the cop, etc. Also, if you have liability insurance, you might want to talk to them about handling this matter on your behalf.

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Answered on 3/13/06, 5:11 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: When someone assaults you are you libal for their injuries?

I am not understanding why you are asking about defending this. As a business owwner you surely have premises liability insurance, and this incidient should have been immediately reported to your insurer, who will defend any cases and pay any claims. Frankly, you should be unaware of any possible claim, as you should be having no direct discussions with the other party. Your insurer does that.

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Answered on 3/12/06, 4:34 pm


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