Hurt in a restaurant, Is there a case?

[mjw50]

What is the name of your state? New York


I was in a well known restaurant chain the other night when an employee and my husband got into a scuffle. I stood up to try and calm everyone down but was knocked to the floor by someone other than the two in the altercation. I landed on my arm and broke it. Is there any means of seeking damages? I am out of work for at least 6 weeks also. Any advice would be greatly appreciated. Thank You.

 

[You Are Guilty]

What is the name of your state? New York


I was in a well known restaurant chain the other night when an employee and my husband got into a scuffle. I stood up to try and calm everyone down but was knocked to the floor by someone other than the two in the altercation. I landed on my arm and broke it. Is there any means of seeking damages? I am out of work for at least 6 weeks also. Any advice would be greatly appreciated. Thank You.

It depends. Who was the person who knocked you down and how exactly did it occur?

 

[mjw50]

I did not see who knocked me over as they hit me from the side. It may have been an employee or a person trying to defuse the situation.

 

[You Are Guilty]

I did not see who knocked me over as they hit me from the side. It may have been an employee or a person trying to defuse the situation.

Being that it's a plaintiff's burden of proof to establish how the accident occured (and thus, pinpoint who was negligent, and for what reason), then under your facts, you don't have a claim.

 

[mjw50]

Thank You. Another board I posted on led me in the direction of the Manager being neglegent in the way he handled the situation and the restaurant being at fault for not taking some precautions in case of a situation, such as security. Not sure, just looking for suggestions.

 

[You Are Guilty]

Thank You. Another board I posted on led me in the direction of the Manager being neglegent in the way he handled the situation and the restaurant being at fault for not taking some precautions in case of a situation, such as security. Not sure, just looking for suggestions.

While an employer may be liable for an employee's negligent acts, at a minimum (and there's actually lots more, but I'll skip it for brevity's sake), you would not only have to show it was an employee who proximally caused your injuries, but that his actions in doing so were negligent. There is no liability for the acts of "third-persons" (i.e. other patrons), neither is there any liability for the Manager not "preventing" your injury.

I suppose if there are any security tapes from the area, they might show what happened, but you'd likely need a lawsuit (and a lawyer) to get a copy of them. Give a few PI lawyers a call and you'll find out very quick whether you have a case or not. (Mind you, there are sleazy lawyers who will take any case - but it doesn't mean you'll ever see any money out of it).

Good luck.