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.
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.
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.
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