What to do if I am a bouncer at a club/restaurant and was severely battered by a patron?
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What to do if I am a bouncer at a club/restaurant and was severely battered by a patron?
He broke a beer bottle and cut my face and head. I have over 80 stitches and staples on my arm and face because of this assault. Who can I sue? What should be my first step?
Asked on January 31, 2012 under Personal Injury, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can absolutely sue the patron--assault is not "just" a crime, but is also a civil "tort," or something you can sue over. You could potentially recover unreimbursed medical costs and lost wages, as well as pain and sufferiing.
You could potentially sue any friends/associates/etc. of his IF they took part in the assault in some way, including blocking your retreat; blocking others from helping or calling for help; restraining you; handing the attacker the bottle; etc.
You could only sue your employer (the club/restaurant) if it was at fault in some way. Examples would include allowing this patron in despite his having had a history of disturbance, violence, threats, etc.; not taking reasonable steps if he indicated violent potential that night (e.g. not calling the police or cutting him off from more alcohal, putting you in greater jeopardy). But if there's no reason to think the employer was particularly at fault, you can't sue it.
Unless you feel like you've been mostly compensated by any insurance you may have, leaving just a few hundred dollars or so to sue for, your first step is to speak with a personal injury attorney to evaluate your case. Many or most will provide a free initial consultation, so talk to a lawyer before trying to sue on your own (that's always an option if you don't like what the lawyers are telling you).
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