Assaulted w/ A Weapon in a Bar

[Zedc]

California

On Saturday evening at around 8:15PM, a friend and I were at a local bar. My friend and another gentleman began having a verbal dispute. I walked over and the person I know had placed his hand on the man's shoulder saying something to the extent of, "calm down" or "don't worry about it."

The man said, "don't touch me" and the person I know took his hand away. I told the man to mind his own business, and he shoved my beer into my chest, then shattered his drink glass on my face. I didn't even touch him.

I suddenly get grabbed by the bouncer, who tells me I'm getting thrown out. I'm about 90% sure he also tells me he knows the man who assaulted me.

He then realizes that I'm bleeding everywhere, and another bouncers takes the man who assaulted me outside. The manager comes to me outside where I'm bleeding profusely and tells me how sorry he is and that they have cameras everywhere. From there, I see the bouncers letting the man who assaulted me leave.

I go to the hospital, and file a police report from there. (It shouldn't matter, but in the report I let the officers know that I've had about 6 drinks over the course of about 6 or 7 hours - beginning during the 49ers game)

QUESTION: Do I have legal recourse against the bar for letting the man go?

The man could have taken my eye out, and I have important meetings that I might miss because my face is bruised and cut.

 

[Mass_Shyster]

QUESTION: Do I have legal recourse against the bar for letting the man go?

No, but you may have other causes of action against the bar,

 

[Zedc]

What might those be?

No, but you may have other causes of action against the bar,

Do you know what those might be?

 

[Mass_Shyster]

Any possible cause of action against the bar would be based on negligence per se, where the bar violated some statute intended to protect its patrons from incidents like this.

As an example, many states have laws prohibiting license holders from overserving patrons. This law is intended to protect the public from harm caused by intoxicated persons. When the bar violates the statute by overserving someone, and that person harms someone that the law was intended to protect, the bar can be held liable. This would require you to prove that the bar overserved your attacker.

This really requires an analysis of your state's liquor statutes to determine if there's any cause of action.

That will go to prove liability. You will also need to prove damages. What are your actual, measurable damages?

You may have medical bills and lost income.

If you sue and recover the medical bills, that will likely go to your insurer, assuming your hospital visit was covered by your health insurance.

You also indicated you may miss important meetings due to this. Does this equate to lost income? If so, that may be recoverable.

You can also sue the person who attacked you. liability is easier to prove in this instance, but the question is does this person have any way to pay off a judgment.

 

[You Are Guilty]

Look for a local personal injury lawyer who practices "Dram ship liability".

https://attorneypages.com/