my friends and I was leaving a nightclub that was over pack and had little security while we was walking towards the door my she was pushed into someone near the bar. The female than turned around and yelled yall are going to stop pushing me My friend quickly stated she was sorry the girl continue to yell SO I told my friend, sister and her boyfriend to walk towards the door the waitress who was with this female was holding a tray with a bottle of beer she being to yell all type of names towards us but we continue to walk away next thing you know a drink was thrown towards our back as my first reaction was to turn around a soon a I did I see the female who stated she was push running towards me she grabbed my hair and as I looked up the waitress hit me up side the head w/beer bottle
You have received excellent advice from many of the attorneys already, and I will add my 2 cents. From your description of the injuries you posted in response to others' answers, it appears you have a claim, and I agree you should consult a Georgia Personal Injury Attorney quickly so that the attorney can serve the nightclub with a "Spoliation Letter" demanding they preserve witness statements, incident statements, video, etc. Most nightclubs will have surveillance inside the club and outside the front door, but they will be quick to erase it if they think it is harmful to them.
It's also good you already received the police report. Often, the report will indicate witnesses to the event along with their contact information. This information will assist the attorney in establishing the facts before people's memories fade.
Where I will slightly disagree with my colleagues is that it is not necessarily a great thing that the waitress (rather than another club patron) was the one you hit you in the head. In Georgia, as plaintiff's attorneys we are always up against a case called "Palladino" which can limit an owner's liability in cases where an employee does something "outside the scope of their employment" (something they knew was wrong and they should not have done). In cases like that, we are often left without someone (the club) who can pay any judgment because it is unlikely the waitress has any assets. These cases are winnable, but they are tricky and have to be handled delicately (there are some exceptions that are helpful in the nightclub context, and depending upon the specific facts, it may work in your case). You can read more about that case here http://caselaw.findlaw.com/ga-supreme-court/148....
Many personal injury attorneys don't handle a lot of true premises liability claims, so when you are calling around, make sure you ask good questions (and more importantly, make sure the attorney is asking you good questions!). Good luck with your injuries.
Go down to the Dallas, GA police Department and file a complaint. If there is video surveillance, the police will be able to get it to make their case. If that occurs, you will have a stronger case, rather than competing versions of an event. If you go straight to a personal injury attorney, and they write a demand letter, the club could get nervous and erase surveillance.
If it can be proven that it was an employee (waitress) that intentionally hit you with the bottle,AND if you sought medical treatment for those injuries and can document you were actually physically injured, then you have a case that is at least worth looking into by an attorney. IWe have handled a number of premises cases, including nightclub liability cases and will give you a free initial consultation of your case. If not this firm,if you were injured, you should definitely contact a qualified premises liability/personal injury atty. as soon as possible so that witnesses don't "disappear" or "forget" what they saw.before you can get their statements. I hope your injuries were not too severe. Good luck.
Law Offices of Robert G. Rithstein
Contact at: www.rgrothsteinlaw.com
I would add that you need to move faster than slower. Evidence in these type of cases can be difficult to obtain. Witnesses disappear quickly.
So to recap, seek treatment for your injuries and start calling and speaking with personal injury attorneys who handle premise liability claims.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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