Atlantic City Casino Fight

[gpsawyer]

What is the name of your state (only U.S. law)? New Jerz

I was attending a bachelor party in Atlantic City. We had rented out a VIP section in the club of the hotel. A particular Casino Employee continuously entered our VIP area. Myself and the bachelor verbally confronted the employee in which he proceeded to push me backwards over a table and onto the ground of the club. Rather than instigate a physical confrontation, I went to security at the club. I was told they could not remove this employee (he was the "certified lifeguard" at the pool club) because they would have to shut down the whole club if they did. After paying over $1,000 for rooms and $2,000 for VIP treatment, that to me says we care more about making money then our paying customers safety. The lifeguard was told to stay on the opposite side away from us. From across the pool there were gestures made from both sides. Finally the groom proceeded to start a physical confrontation with a seperate group of guys in which the lifeguard was present. I went in after and proceeded to end up with lifeguard on top of me. I was hit 4 times in the face and my nose is now disfigured badly. I was dragged out of the club and told I had been an instigator all night and was to get my belongings and leave the property immediately. (all this should be on the night club cameras and the life guard was wearing a very distinct outfit - easy to pick out)

Here are my questions:

I did not press criminal charges as I am from Massachusetts and wanted to consult someone with legal knowledge before contacting my attorney.

Can I press charges against the employee for Assault? How long do I have to do this? After talking with 2 cops after I said I wanted to press charges and they said I could not until the next day and gave me some # of a case maybe?? ex 01-035932.

Since I never threw any punches and did not start the actual fight, what are my rights against the hotel and their security for not removing THEIR employee after I approached them when he assaulted me the first time??

Also to note...the employee was suspended by the next morning from working and my friends were told this was not the first incident he has had with a customer.

Can I take action against both the employee and casino? Both criminal and civil?

Thanks

GS

[Proserpina]

Originally Posted by gpsawyer

What is the name of your state (only U.S. law)? New Jerz

I was attending a bachelor party in Atlantic City. We had rented out a VIP section in the club of the hotel. A particular Casino Employee continuously entered our VIP area. Myself and the bachelor verbally confronted the employee in which he proceeded to push me backwards over a table and onto the ground of the club. Rather than instigate a physical confrontation, I went to security at the club. I was told they could not remove this employee (he was the "certified lifeguard" at the pool club) because they would have to shut down the whole club if they did. After paying over $1,000 for rooms and $2,000 for VIP treatment, that to me says we care more about making money then our paying customers safety. The lifeguard was told to stay on the opposite side away from us. From across the pool there were gestures made from both sides. Finally the groom proceeded to start a physical confrontation with a seperate group of guys in which the lifeguard was present. I went in after and proceeded to end up with lifeguard on top of me. I was hit 4 times in the face and my nose is now disfigured badly. I was dragged out of the club and told I had been an instigator all night and was to get my belongings and leave the property immediately. (all this should be on the night club cameras and the life guard was wearing a very distinct outfit - easy to pick out)

Here are my questions:

I did not press criminal charges as I am from Massachusetts and wanted to consult someone with legal knowledge before contacting my attorney.

Can I press charges against the employee for Assault? How long do I have to do this? After talking with 2 cops after I said I wanted to press charges and they said I could not until the next day and gave me some # of a case maybe?? ex 01-035932.

Since I never threw any punches and did not start the actual fight, what are my rights against the hotel and their security for not removing THEIR employee after I approached them when he assaulted me the first time??

Also to note...the employee was suspended by the next morning from working and my friends were told this was not the first incident he has had with a customer.

Can I take action against both the employee and casino? Both criminal and civil?

Thanks

GS

Not starting the fight isn't necessarily going to do anything for you - you chose to join in and it could be said that had you not joined you wouldn't have been injured.

(you can't even claim self-defense in this scenario)

Regardless, what are your damages?

[Blue Meanie]

Originally Posted by gpsawyer

What is the name of your state (only U.S. law)? New Jerz

I was attending a bachelor party in Atlantic City. We had rented out a VIP section in the club of the hotel. A particular Casino Employee continuously entered our VIP area. Myself and the bachelor verbally confronted the employee in which he proceeded to push me backwards over a table and onto the ground of the club. Rather than instigate a physical confrontation, I went to security at the club. I was told they could not remove this employee (he was the "certified lifeguard" at the pool club) because they would have to shut down the whole club if they did. After paying over $1,000 for rooms and $2,000 for VIP treatment, that to me says we care more about making money then our paying customers safety. The lifeguard was told to stay on the opposite side away from us. From across the pool there were gestures made from both sides. Finally the groom proceeded to start a physical confrontation with a seperate group of guys in which the lifeguard was present. I went in after and proceeded to end up with lifeguard on top of me. I was hit 4 times in the face and my nose is now disfigured badly. I was dragged out of the club and told I had been an instigator all night and was to get my belongings and leave the property immediately. (all this should be on the night club cameras and the life guard was wearing a very distinct outfit - easy to pick out)

Here are my questions:

I did not press criminal charges as I am from Massachusetts and wanted to consult someone with legal knowledge before contacting my attorney.

Can I press charges against the employee for Assault? How long do I have to do this? After talking with 2 cops after I said I wanted to press charges and they said I could not until the next day and gave me some # of a case maybe?? ex 01-035932.

Since I never threw any punches and did not start the actual fight, what are my rights against the hotel and their security for not removing THEIR employee after I approached them when he assaulted me the first time??

Also to note...the employee was suspended by the next morning from working and my friends were told this was not the first incident he has had with a customer.

Can I take action against both the employee and casino? Both criminal and civil?

Thanks

GS

Curious...Was this at the Hilton?? I might have witnessed the exchange...

[ecmst12]

Sounds like your drunk friend started a fight and you got hurt because of it.

[gpsawyer]

It was at Harrahs. Very good points and I agree with what you guys are saying and appreciate your honest feedback.

My damages while not major are a broken nose that is very crooked and I'm being told will not look the same ever again.

My question then would be is the hotel liable at all considering I asked security if this one particular employee (who was suspended the next day and had prior instances with customers) could be removed and he ended up being the one assaulting me?

[ecmst12]

You are as much to blame as he is for your injuries (not to mention your buddy), so no, I don't think the hotel is liable for anything. They were not required to remove the employee just because you complained about him, and HE didn't even start the fight!

[xylene]

You were dumb to not immediately involve police as this would have created an 'objective' document

I think that decision many have had to do with your own perception of guilt and if you were intoxicated.

You were injured in a fight, you have permanent injuries.

See a lawyer.

[gpsawyer]

ecm - I complained to security the first time because he assaulted me and threw me onto the ground and rather than instigate a fight at that point in time, I thought that they would take the necessary steps to prevent any furhter altercations.

xy - So the best thing would be to contact a lawyer and press charges against the individual who hit me? I just left the doctors and have confirmed 3 seperate fractures and will have to see an ENT doctor later today. Do I need to file the charges in Atlantic City?