Should we sue?

Question

My husband was assulted by a guy that was drunk and had been kicked out of the bar and they let him come back. My husband told the guy to back off cause he was messing with me and they guy decided to smash two 16oz glasses full of beer on my husbands face while he was playing pool...all of which was caught on video tape. We had not even been there for 45 mins when this happened, and we had not even had a drink yet (we mainly went out to play pool). My husband sustained some pretty bad injuries on his face neck and ear...should we sue? Also could we sue the bar for over serving and allowing him to come back after they had already kicked him out once? The whole incident is on surrvellence tape. Any advice would be helpfull.
Thanks in advance!

Answer 1

I would think you would have to prove that the man was over served at the bar and as far as letting him return that was at the digression of the owner, manger etc. You never said why he was kicked out the first time. Also some times there are responsibility declaimers posted near the entrance and that could have much to do about the bars actual culpability. As far as suing them for not protecting their patrons it can go both ways. If the man started harassing you and your husband took it upon his self to have a confrontation with the man the bar can argue that the situation was not brought to their attention until after a fight began.

Now the man that struck your husband you would have to make sure charges were filed against him but it probably won't be all you hoped for as far as compensation goes even if you file a civil suit. You could always seek a consultation with a lawyer to establish what rights your husband has in your city and state. Then you would know weather their is any point in moving forward.

Next time I would just leave the bar if I felt like I wasn't in a good place. But you probably know that now. Hope this helps a little.

Answer 2

My daughter was recently involved in an accident involving a drunk driver that ran into her and her friend. What you do with this situation is up to you. You obviously have grounds to sue the individual, as well as the bar for letting him back in. Whatever you do, my advice is to speak to a reputable personal injury lawyer (not one that advertises on tv or sends you letters when they see there was an accident report). Ask around, talk to friends and family members, and find a lawyer that is reputable, not looking for a quick buck. When there are face and head injuries involved, there could be significant long-term effects and health care costs involved. Some of the effects may not show up for years. Our lawyer is keeping a file of all of my daughters' doctor visits, our observations of her, any change in her behavior, etc. that may be a result of her injuries (she had a severe concussion). We have not been charged a cent by our lawyer yet, and the drunk drivers' insurance company has paid all of the medical bills.

I would definately file some charges with the police, and then go from there. There are many personal injury lawyers out there, and they can get you a nice check right away, but I would guard against that. Your husband may need surgeries and other medical care down the line, and if you settle or sue right away, once that is done, you are left with anything else that happens down the road.

Answer 3

Yeah...I hate people who think they can do whatever they want to and then lose control by getting physical. First I hope you dry that a** who hit your husband. Take him to the cleaners and wipe out his entire savings....let him regret this for a long, long time. I'd personally go after the bar too. I'm sorry for your husband, but what if this guy got in a car and killed someone? There would be no second thoughts about going after the bar. The bar, the owner and the waitstaff he hired are all accountable. You should have been able to go in that bar like anyone else and enjoyed the night, but because of the bar's lack of judgement, you did not. It's not right.....you should do what you feel is right.

Answer 4

I think you should definetly sue. You need to take pics. of your husbands injuries and have him see the doctor just to note it. I'm sure you can sue the bar also as long as someone can agree with you what had happened. I would call a lawyer right now. The lawyer may not even charge you a fee if he thinks you have a case, he just may want some of the settlement. Good Luck!

Answer 5

It sounds like you have a decent case for your husbands injuries and pain and suffering. You need a lawyer, pronto, because there is a certain amount of time to begin your lawsuit, and the longer you wait, the more likely it becomes that evidence (the tape, witnesses) will disappear or forget. Take pictures of your husband's wounds, if they are still fresh, or if he still has scars.
If the guy who assaulted your husband was arrested and had a criminal case brought against him, this will do most of the work for your civil complaint against him.
He may not have any money, but a money judgment is good for like 10 years, at least in my state (NY)

Answer 6

Sue both. And do it soon because the moment that you file suit, the bar cannot get rid of the tape. Until you do, the bar might be able to lose or just throw out the tape.

Answer 7

You have the right to sue anyone you want. An establishment has the DUTY to protect its patrons. Your main defendant in the case will be the bar. That will be who you will receive $$ from. The guy may not have anything. If you sue him and get a judgment......doesn't mean you'll get any money. Where were the bouncers in this establishment?

Answer 8

It certainly sounds like you have the grounds to sue. Collect your witnesses and document everything now - while it is fresh in your memories.

Are you pursuing a criminal complaint against the individual that assaulted your husband too?

Check w/ your lawyer to see if you should wait for the criminal charges to go through the court first.

Answer 9

Go talk to a PI lawyer, the facts sound pretty good in your favor esp if you can also go after the bar, which has an insurance policy deep pockets

Answer 10

if criminal charges have been filed the judge should he be found guilty would probably order some form of restitution. but you could also sue in civil court and win a small punitive award. i really wouldn't sue the bar. it's not thier fault people get drun,and then fight, they just serve it.