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punched by the cook !

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oldzilla

Junior Member
What is the name of your state (only U.S. law)? new york

i was at a poolroom. it was a busy day and the owner and hired cook were attending to other things. being a regular customer i went to the coffee station to pour a cup of coffee. it is done all the time by many who are regular customers. coffee station is just inside the counter. i left my money for the coffee and continued down the room. the says something about going behind the counter and i say a jokingly shut-up. minutes later he came out from behind the counter and started up to me in a rage. i told him i was just joking and he punched me. others there wrestled with him to stop it and i went to the front of the room. i did call police, they came over. not much was done. i was not hurt to bad, just a cut inside my cheek and a bruise with soreness for some days to come.
so the owner says the cook will not be working there and i let it go. but now i learn that he is indeed working there and off the books too. what should i do ? is the owner still liable for the cooks actions? the cook is a bum and not worth suing, or is he ? idk i'm not happy with it all ! :confused:
 


JETX

Senior Member
what should i do ?
Lesson 1: You apparently are not a 'regular customer' ("it is done all the time by many who are regular customers.").
Lesson 2: Don't smart mouth an employee when you are somewhere you are not supposed to be.

is the owner still liable for the cooks actions?
Depends on what you mean by 'liable'?? If you mean criminally, no.
If you mean civilly.... depends.

the cook is a bum and not worth suing, or is he ?
How would we know??

idk i'm not happy with it all !
Probably not the only thing you are not happy with in life. Get over it.
You have NO claim since YOU instigated the problem.... and have NO damages.
 

HighwayMan

Super Secret Senior Member
You suffered a physical injury - the cook should have been arrested and charged with third degree assault - a misdemeanor.

Where in NY was this?

I would check with the police department and find out why no arrest was made. Speak to a supervisor. I would also speak to the local district attorney's office.

Were your injuries documented in any way? Was an ambulance on scene or did you go to a doctor or hospital to get checked out?

I have a feeling there might be more to the story, but I could be wrong.
 

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