An incident occured at a nightclub last night of which my two female friends were Beaten up punched numerous times in the face and had hair torn from their scalps and maced by the bouncers. They have sustained major injuries including a Busted lip and 1st, 2nd, and 3rd degree burns. What legal actions can be taken? How do we begin the process of filing a suit?
I am sorry to hear about your friend’s situation and the injuries they suffered. I hope they are receiving the medical treat that they need.
Your friends may have grounds to bring a claim against the nightclub and the people who assaulted them. These cases tend to be complex with many factors that can affect the ability to prevail with a claim. Here are some examples of the issues you need to address: What promises of safety did the night club make? What obligations did the night club have towards its patrons? Was the assault avoidable and could reasonable and prudent action by the nightclub prevent it? Can you prove a case against the assailants? Do the assailants have the assets to pay compensation? Did your friends contribute to the incident?
I recommend that your friends consult with a local personal injury attorney who has experience with night club assault causes. I hope this information helps.
Having handled these types of cases, immediate action on your part and that of your friends is the most important thing you can do - and should do. There are time sensitive steps that need to be taken, not the least of which is investigating the existence, and trying to preserve, surveillance tapes, etc. Of course, making sure that you and your friends obtain medical attention without delay is equally important. Since the Bouncers are part of the assault upon you, you are looking at intentional torts claims, which have only one year statutes of limitations - periods of time in which the case must be commenced or else the right to sue is lost. Consult immediately with a personal injury attorney. These cases are handled on a contingency fee basis so you and your friends do not have to pay any fees up front, and don't pay an attorney's fee unless you get a settlement or verdict in your favor.
Jeffrey I. Schwimmer, Esq
20 Vesey Street - Suite 1200
New York, NY 10007
These cases present many pitfalls for the inexperienced and unwary. Insurance coverage is always an issue and owners bury their assets and frequently do not even tell their insurance company about the incident causing coverage obstacles. Most policies do not cover when intentional acts are involved so complaints have to be phrased very carefully. Bottom line is if you do not have an experienced attorney there is virtually no chance of a recovery, except if they have a medpay provision there might be limited medical expense coverage.
It is very important to contact an attorney skilled in these matters to ascertain all the facts and give you an assessment on the law. You can meet with an attorney and they most likely will give you a free consultation. Note-you should act quickly. These types of cases are called intentional tort matters (maybe other causes of action) and they would need to their action(s) within one year from the date of the incident.
Two things must be done immediately. First, retain a personal injury attorney promptly. Do not attempt to speak with the insurance company. It will never help you, or your friends in this instance. Second, seek appropriate medical care. Each day you delay will hurt your claim.
These cases involve multiple causes of action. We are litigating a similar case against a bar in Long Beach right now.
Best of luck.
Good question. Hiring the wrong attorney here, will cost your female friends a ton of money. Be extremely careful interviewing the attorneys regarding how they intend to proceed. Virtually every nightclub in NY has a policy that excludes coverage for injuries caused by assault and battery. If the attorney says they will argue Negligent Hiring and Negligent Supervision, move on. In NY claims of negligent supervision and hiring are excluded by the Assault & Battery exclusion. If they plead it, you lose. There is a true art to obtaining insurance coverage for claims such as this one that are otherwise excluded. You need to know in advance that your attorney understands how to plead this (and even then there is no guarantee of coverage.) Now a step further, you need to sue the bouncers personally, if possible. Additionally, your attorney needs to research asap the financial viability of the nightclub asap. Good Luck.
You should hire a personal injury lawyer. There is a potentially good suit pending here, but it is full of complexity. An experience lawyer will guide you through it. Don't post anymore about it and don't talk to anyone else about it. Use Avvo find a lawyer feature to locate a highly rated one near you.
Consult with a personal injury attorney. Seek the appropriate medical care since your accident occurred last night. Once you consult with an attorney, consult with the attorney about identifying who the security personnel worked for. i.e employed by the night club or a third-party vendor.
As Mr. Pascale pointed out there are multiple causes of actions at your fingertips and timing is key. If you wish to file a cause of action for assault, the statute of limitations is 1 year.
Best of luck.
Perhaps NY law is very different from Florida law, but here I would file suit alleging that the night club failed to provide your friends with adequate security and investigate whether the assailants were known to the bar from past patronage as regular customers who either drank to excess regularly, did so,that night and or had violent tendencies exhibited in the past at the bar. Investigation can help,to determine those factors. also again in Florida, if the bar by crime grids that you can obtain from local police agencies, show the area is a high crime area, or more so, the bar has a history or violent attacks assaults fights etc then they have knowledge of past similar acts which make your freinds attacks more foreseeable. A security expert can testify as to,the standards for a bar under theses circumstances, and demonstrate notice foreseeability and preventability with a security audit, security plan and some reasonable preparation given what is easily obtained from state and local authorities, crime in the bar area and crime prevention methods. Police agencies are happy tho help, and sometimes failing to avail themselves of available resources with these other elements is evidence of negligence. Contact a good lawyer immediately as your focus is not on uncovered intentionally tortfeasors ( the bouncers) but in the more likely insured bar owner/ operator.
Get free answers from experienced attorneys.
27,733 answers this week
3,041 attorneys answering
Get answers from top-rated lawyers.
27,733 answers this week
3,041 attorneys answering