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Can I sue TGIFridays for negligence because I was assaulted and kicked in the head trying to break up a fight? No security.

San Diego, CA |

I was in a TGIFridays after a short ride on my Harley for a glass of water and a beer . I saw a person had met once before and notice some people speaking to him in a threatening way. I went over and tugged and tried to lead him away and calm the situation but, I was blind sided by a punch or two and once on the floor was kicked in the head a couple times. It was a special event night. They had a live DJ playing music and did not have any security. Are they liable in anyway?

Attorney Answers 7

  1. Consult a personal injury attorney with all of the facts to investigate and advise you because it appears you have a claim for injuries.

    Call for a free consultation at 727-937-1400 or visit us on the Web at

  2. These cases are very fact specific and very difficult. Did the police come? Were there witnesses? Did TGIF have a policy with respect to providing security on these nights? What type of crowd did they attempt to attend, etc. Consult with a local personal injury attorney for advice.

  3. These are interesting cases, but can be hard to prove. The presence or absence of security is just one issue, among other issues. You should look on the Avvo site and speak to some lawyers (or you could call Richard Harting). Unless you have significant injuries, it may be hard to get a lawyer to take your case.

  4. You might be able to prove that the restaurant was negligent, however, it will hinge on whether the several contributing factors, such as : employee's ability to intervene, security, eye-witnesses, and police reports, etc can corroborate your account and give evidence to the claim that TGIF acted irresponsibly. Consult with a personal injury attorney to get all your options on the table. If you have any further questions feel free let me know.

    The information provided here is for informational purposes only, and should not be construed as legal advice on any subject matter. Bergener & Associates, PLC is a personal injury practice serving accident victims and their families in the State of California only. No individuals should act or refrain from acting on the basis of any answers to questions without seeking the appropriate legal or other professional advice from an attorney licensed in their state. Transmission of information via this website does not create an attorney-client relationship between any attorney at Bergener & Associates and any recipient, nor is it intended to do so. The content provided does not create any warranty, express or implied. Hiring a lawyer to represent you is an important decision and should not be based solely on advertising. For more personal injury information visit us at

  5. As the others have suggested get a copy of the police report, assuming there was one, and meet with a local personal injury attorney.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at

  6. You may have a case. The only real way to know is to discuss it with you. I have been very successful in handling failure to provide adequate security cases. You may call for a free consultation at 800 816 1529 x.1 or check out .

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.

  7. Perhaps inadequate security case. Retain one of the above lawyers to investigate.

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