It is highly unlikely that anyone goes to a California nightclub or bar intending to get into a fight. Most people go there to have a good time. Nevertheless, in a setting where alcohol consumption can get out of hand, disagreements over sports, politics and relationships sometimes turn ugly. When fights do break out, the combatants and innocent bystanders can get hurt.
So what happens if you are assaulted at a Los Angeles nightclub? Keep reading to find out.
You can sue the person who assaulted you
In general, you can sue someone who assaulted you in a nightclub if:- You did not instigate the fisticuffs.
- Your injuries did not stem from a pre-planned brawl with the other combatant(s).
However, experts say suing the assailant(s) may be a waste of time – and money. This is because there is no guarantee that someone will have enough money to compensate you for your losses. Nor is there any guarantee that they have adequate insurance, if any at all.
You can sue the nightclub
A better bet, according to those in the know, is to pursue legal action against the nightclub. You can do so by consulting a personal injury attorney. At the Law Office of Parag L. Amin, we use the information you provide to make a preliminary determination regarding the nightclub’s liability, or legal responsibility. A key part of this is establishing whether the nightclub owner was negligent.A nightclub owner may be negligent in an assault case if it had a legal obligation to keep its customers safe and it failed to do so. Specifically, it could be negligent if:
- It did not provide adequate security.
- Security did not respond properly.
- The bartender(s) continued to serve an intoxicated customer in violation of so-called dram shop laws.
- Your injuries stemmed from an assault attributed to any of the above.
In addition to establishing that the owner(s) of the establishment had a legal duty to keep you safe, and that they were negligent in failing to do so, we must prove:
- The incident in which you were hurt was predictable.
- That you have legitimate injuries attributed to the assault.
How to help us build your case
If you were assaulted in a Los Angeles area nightclub, there are certain things you can do not only to ensure your wellbeing but also to document your injuries. This will ultimately help us build your case. Be sure to:
- Report the incident to the owner or management as soon as possible. If you were assaulted, ask someone in charge to call the police. If no one does so, call the police yourself. Be sure to get a copy of the police report as soon as you can.
- Get medical attention as soon as possible – even if you do not think you were seriously hurt.
- Get witness statements if possible.
- Take photos of your injuries immediately after the assault and as they heal.
The police report and medical records serve as the most valuable proof of your claim.
The next steps in a California nightclub assault case
If you have a viable case, we will file a personal injury lawsuit against the nightclub owner on your behalf. Depending on the specific circumstances of your case, we will seek compensation for your:- Medical expenses
- Lost income due to the inability to work
- Pain and suffering
- Emotional distress
- Other applicable losses
To learn more about how the personal injury attorneys at LawPLA can help if you were assaulted in a Los Angeles nightclub, contact us at 213-861-9715. You can also reach us here.