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What type of charges can I press or how can I go about pressing a lawsuit against club owners for premises liabitity or injuries

Dallas, GA |

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

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Attorney answers 11

Posted

Did you seek medical treatment for your injuries? Do you have any other damages? If so, contact a local personal injury law fir help with this.

Asker

Posted

yes I was took away in ambulance with blood everywhere the pictures look like I was shot in the head the end result was I needed a cat scan and snitches on my forehead in two diff. spots ALSO this just happen this past Friday with the pain Im in I need to be back at the er but I don't have insurance

David B Pittman

David B Pittman

Posted

Get a personal injury lawyer ASAP. Don't make any statements or speak to the insurance carrier until you get legal help. Hope you get better soon

Posted

If you were injured and sought medical treatment then you need to call al local personal injury attorney ASAP.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

Seek a consultation with an experienced personal injury attorney in your area, Good luck, Keith J. Gentes

856.424.1808 email - keith@lmlawnj.com or visit us on the web at www.lmlawnj.com ***Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship***

Posted

I agree with my learned colleagues; you need the assistance of a personal injury attorney. I'm going to edit the Practice Area of your question to help you get more responses from attorneys in your area who handle cases like yours. Good luck.

William A. Jones Jr.

William A. Jones Jr.

Posted

Btw, were police called to the bar or have you otherwise been in contact with them? If not I would recommend that you do that as well.

Asker

Posted

yes the police was already and they gave me a case number

Asker

Posted

sorry the police was already at the club

William A. Jones Jr.

William A. Jones Jr.

Posted

That's good. Now take the time (as much as you need) to secure the assistance of a good personal injury attorney. Most who participate here will provide you with a free consultation. Take advantage of that to start interviewing candidates for the job of representing you. Consider not only skills and experience but how the attorney makes you feel. Are you comfortable? If not keep looking; there are lots to choose from. You can use this website's lawyer search function to find others.

Asker

Posted

thank you for the feed back I will take your advise

William A. Jones Jr.

William A. Jones Jr.

Posted

You are welcome, hope it works out satisfactorily for you.

Posted

I agree with the other posters. Consult a personal injury attorney, and, immediately ask the club owner to preserve any video--it may help you with your case.

William A. Jones Jr.

William A. Jones Jr.

Posted

Excellent suggestion about preserving the video, but I would entrust that effort to legal counsel. This illustrates one of the reasons having the right lawyer in place now rather than next week or next month is so important.

Posted

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.

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

Posted

Get medical treatment, and meet with a personal injury lawyer who can investigate.

Posted

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

Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate that to Avvo. Thank you.

Posted

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/1482260.html.

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.

Please mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship.

Posted

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.

Good luck.

Ty

This response is for general information only, no attorney client privilege has been established by this communication.

Posted

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.

Legal Disclaimer:

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.

This ans. does not create an attorney/client relationship.

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