2 black eyes and a busted nose question - California

[Manx]

I was in a bar for about 10 minutes. Two Hispanic women walked off the street, and began heated conversation between themselves and a bouncer. Then one leaned past the bouncer and punched me in the face. I have never met these women. Several bouncers came over to help them leave the bar as they continued screaming they would kill me, that what is what white women deserve, etc.

I asked the bar to call the police and to detain the women so I could press charges for battery and assault. The bartender got me some napkins to help with the bleeding. Over the next 30 minutes I waited and kept asking about the police. Finally I was told that the police were not called and instead they had called a cab to get the women home. The bar said they had already called the police 3 times earlier in the evening for other fights, and they did not want the liability.

I left the bar and went to the police station and filed a report. The police said without names there wasn't much they could do. I told them they could speak with the employees at the bar, the bouncers, surely someone knew them or their names, view the video tape at the bar. The police said that I could have a case, not criminal, against the bar. A friend recommended finding a personal injury attorney in the area, but also said it is difficult to find a good one. Another said the bar acted as an accessory after the fact.

I now have a busted nose and two black eyes. I do not have health insurance. I will be out of work until my face heals.

Any advice? What should I do?

State: California

[Silverplum]

Originally Posted by Manx

I was in a bar for about 10 minutes. Two Hispanic women walked off the street, and began heated conversation between themselves and a bouncer. Then one leaned past the bouncer and punched me in the face. I have never met these women. Several bouncers came over to help them leave the bar as they continued screaming they would kill me, that what is what white women deserve, etc.

I asked the bar to call the police and to detain the women so I could press charges for battery and assault. The bartender got me some napkins to help with the bleeding. Over the next 30 minutes I waited and kept asking about the police. Finally I was told that the police were not called and instead they had called a cab to get the women home. The bar said they had already called the police 3 times earlier in the evening for other fights, and they did not want the liability.

I left the bar and went to the police station and filed a report. The police said without names there wasn't much they could do. I told them they could speak with the employees at the bar, the bouncers, surely someone knew them or their names, view the video tape at the bar. The police said that I could have a case, not criminal, against the bar. A friend recommended finding a personal injury attorney in the area, but also said it is difficult to find a good one. Another said the bar acted as an accessory after the fact.

I now have a busted nose and two black eyes. I do not have health insurance. I will be out of work until my face heals.
Any advice? What should I do?What is the name of your state?

I wonder how the whole "hate crime" aspect of this will play out in the law?

What do you do for a living, that you cannot work with a broken nose?

[Manx]

Originally Posted by Silverplum

I wonder how the whole "hate crime" aspect of this will play out in the law?

What do you do for a living, that you cannot work with a broken nose?

The police officer taking the report said it is very difficult to prove a hate crime and that multiple factors are involved and that he was not taking it as a hate crime.

I'm on air talent.

[seniorjudge]

It sounds like a crime may have been committed, but since you have no serious and permanent physical injuries, you have no civil lawsuit.

[Silverplum]

Originally Posted by Manx

The police officer taking the report said it is very difficult to prove a hate crime and that multiple factors are involved and that he was not taking it as a hate crime.

I'm on air talent.

Huh. Whenever a white person is attacked, the cops don't think it's a hate crime.

Thanks for answering my curiosity q.

[seniorjudge]

Originally Posted by Silverplum

Huh. Whenever a white person is attacked, the cops don't think it's a hate crime.

Thanks for answering my curiosity q.

I just hate that when it happens.

[tranquility]

I have no idea and am just brainstorming, but you might have something against the bar for intentional misrepresentation. I don't know about the damages from the misrepresentation, but it's something. I don't know of any way for you to force them to get the tapes or testimony without a suit. (Maybe the cab company drop off as well.)

[Manx]

This is from another forum:

"There is a line of California cases that hold that the landholder (in your case, the bar) owes invitees a duty to take reasonable steps to protect against foreseeable attack by third persons.

A property owner who is aware of ongoing criminal activity occurring on the premises has a duty to take reasonable and appropriate measures to attempt to protect patrons from potential violence.

The cases are: Kentucky Fried Chicken of Cal., Inc. v. Superior Court (1997) 14 Cal.4th 814 and Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224

See also Mata v. Mata (2003) 105 Cal.App.4th 1121, holding that a bar owner who hires a security guard to protect bar patrons may be held liable for injuries to patrons if the owner was negligent in hiring, training or supervising the security guard or for the security guard's negligence."

[tranquility]

Re-read the post. The bar had a bouncer who stopped the women at the door. They had other bouncers as well. What reasonable steps would you have them take for this type of random assault?

[SF439]

california laws are really strict in this. I would sue. When a patron requests a business to call the police they are obligated to do so or the bartender/employees could face criminal charges.
Either file your small claims suit, find an attorney for civil suit or file a complaint to stop tolling. But I would definately seek out a personal injury attorney.

[Silverplum]

Please don't post to old threads.