I was assaulted at a night club that was understaffed & the person that assaulted me got away can I sue the nightclub?

Asked over 2 years ago - San Francisco, CA

On 1/28/12 I was assaulted at Ruby Skye night club. I was punched in the nose twice & blood was gushing everywhere. The perpetrator ran off and I was left sitting there a bloody mess. The venue is a very large venue with several levels and various rooms. According to the manager the only video they have is on the front door of people coming in. When the incident happened I had to walk all the way up to the front entrance to get any of the staffs attention. They had a medic examine me while the staff and my friends who witnessed it searched for the perpetrator. They never called the police and never found the perpetrator. I didn't go to the hospital because I have no insurance, but I'm pretty sure my nose is broken. This shouldn't have happened if the venue was properly staffed.

Attorney answers (5)

  1. Deborah Barron

    Contributor Level 12

    9

    Lawyers agree

    Answered . Whether the Club was properly staffed may be a question for a security expert witness to answer. Since you don't know who punched you, the Club is your only possible avenue to make a claim for your medical bills. These types of cases are always difficult because the club is not liable unless they were negligent or were on notice of this type of danger and did nothing to avoid it and protect their patrons.

  2. Chad Guevara Boonswang

    Contributor Level 14

    6

    Lawyers agree

    Answered . Sorry to hear about your assault. You may have a claim against the nightclub for inadequate security, thus, retain a local personal injury lawyer from Avvo in your city if you choose to pursue. All the best!

    Boonswang Law Firm 1-877-258-3083
  3. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . I have been very successful with these types of cases. I handle them all over the State of California. You may check out my website at www.thepersonalinjury.com or call me for a free consultation at 800-816-1529 ext. 1.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more
  4. Daniel John Mccarey

    Contributor Level 4

    3

    Lawyers agree

    Answered . I am presently litigating a similar matter. The likelihood of success on such a claim would depend in large part on whether the security provided by the club is deemed adequate and whether they responded in an appropriate manner once they first realized what was going on. As another poster mentioned, these types of claims also hinge on whether the club was on notice these types of incidents happening in the past and how the club dealt with such to avoid future occurrences of the same. Also, if you can prove the club over-served the person who started the fight, you can also viably claim against the club for that reason as well, it's something known in legal parlance as the Dram Shop Act. Obtaining the security camera footage is also key, to the extent that the club had internal cameras. Make sure your lawyer sends a demand letter to the club for it to preserve and maintain such footage, advising the club not to destroy it until after the contemplated litigation is over.

  5. John K Lassen

    Contributor Level 20

    4

    Lawyers agree

    Answered . Whenever anyone is assaulted on a commercially-owned property, they should retain a personal injury lawyer to pursue a possible negligent or inadequate security claim.

    John Lassen 1-877-252-4630

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