Do u think i have a law suite?

Question

Hi, on saturday night i went out to the hard rock hotel and casino in hollywood fl. Some guy spilled my drink and my man got mad, so ipushed him away so he would not fight. About 5 minlater i guess that guys girl, she came over and got in my face so i pushed her away, and b4 i know it bouncers where all over me, one of them pulled me out, and while doing so, he stepped on my foot and it is now broken in 2 spots.The thing is, i am only 5'1 and weigh 115 lbs. i was not fighting and now i am missing work and am inmuch pain due to his accessive force. I was told by a few people that i might have a good case. If i do, what kind of lawyer do i contact? Do you think i have a case against them?

Answer 1

The devil is in the details...

How many law suits were you a party to or initiated?

Were you escorted out of the establishment?

Did you or you party had any interactions with the other party before this altercation?

Who did you push? "my man" or the "some guy spilled my drink"?

Did you have any alcohol? If so, how much? Were you drunk?

When that guy's girl got in your face, was there anything preventing you from stepping away?

Why did you push her away? How did you push her? Was she injured? Where there any bouncers mediating the altercation? Did the bouncers made any attempt to move away or safeguard the parties from each other before they were "all over" you.

How many bouncers were "all over me"? Did you resist them when they got "all over" you?

where you obviously in pain right after the bouncer broke your foot. Did they ask if you were ok? If so in pain or you were not ok, did they attempt to call for help for your injuries?

Should you decide to use a PI lawyer. These may be some of the questions they may ask you. You answers will help him decide of you have a cause of action.

As for the fear of the club suing you for defending themselves from you. They will sue under Abuse of Process or Malicious Prosecution. But they woul need to have these elements in thier case. Intentionally and maliciously instituting or pursuing or causing to be instituted or pursued. A legal action civil or criminal that is brought without probable cause or cause of action. Dismissed in favor of the victim of the malicious prosecution.

Most PI suits are torts.

Of course the club will put up a defense to your tort suit. The may argue. You contributed to your cause of damage. They may also argue you you failed to take your last clear chance to avoid the situation by walking away or calling the bouncers for help. They may also argue that you assumed the risk, you knowing assumed the risks that are inherent in such a situation. Hard Rock may also argue there was an intervening suprceding cause. There was a superseding cause rather then a foreseeable intervening cause.

You may argue comparitive neglengence. You will recieve a settlement to the degree of proportionality that Hard Rock neglengence contributed to your damages. You can argue they violated their duity of care to you. That is reasonable care in doing actions are foreseeable to cause harm to others and you. There need to be a common law duity of care in your state for this to work. You can also argue a standard of care. That is a degree of prudence within a standard of an person who fall under the duity of care. Did the Boucers violate any company rules or bouncer association rules? What there any promixate cause in part of the bouncers that were related to your injury. Famous "But For" test. But for the action of the bouncers, you would of never been injured. However this can lead to a never ending chain of cause and effect. Your lawyer may also argue the "hand rule" that is B

Answer 2

As you did not report the incident right away, or at least the next business day to the Club, you are likely going to have a hard to time proving that your foot was damaged by the bouncer stepping on it, unless you went the Emergency Room for treatment immediately following the incident. I don't see the Club owners accepting any responsibilty, including turning it into their insurance, unless you did go to an ER right after it happened in this case.

You should be thankful that you were not charged for assault by either of the parties you pushed. The Court is going to side with the bouncers in escorting you out to the club (especially if they can find the people you shoved and get them to testify). More than likely they are going to claim that you were intoxicated (and the bartenders/waitstaff will be able to testify as to how much you had to drink that night) and you did fight them going out; even if they admit to stepping on your foot they will claim that the injury was a result of your contributory negligence.

I personally don't see any attorney jumping at the chance to take this on an contingency fee basis, but you can give it a shot by contacting personal injury lawyers in your area.

Answer 3

I am sorry to tell you this and you don't want to here this
but you don't have a case because you did some of the pushing your self
if the other person attack you maybe

but i have better news for you by law you can call the owner of the clib and ask for their insurance information you don't need any lawyers for this

the insurance cover small accidents like this under $10,k

good luck

Answer 4

I would contact a lawyer, for sure. Find a lawyer that specializes in personal injuries, etc. Have you contacted the hotel/casino where the incident took place? I would contact a lawyer first, just do a phone consultation or go see them. And then I would contact the hotel to see if they are willing to compensate you for your injuries, time off work and pain and sufferring. See if they would want to just settle with you to prevent a law suit. You were clearly not a threat to the bouncers, being 5"1, 115lbs and all. So they can not use that excuse for that. But you did push first and more then once, so its alittle grey area there.....Good Luck!! Just contact a lawyer....

Answer 5

Bouncers are supposed to escort people out of the club. They are not paid to break the customers foot or any part of their being. I would first contact the club with copies of the medical bills and see if they will pay up with the understanding that if they will pay you for your injury you will not seek legal means. Many companies would prefer to pay a settlement than to deal with lawyers and court fees.. you should avoid the court between court and lawyer fees they take 60% of the money you win so its best to settle out of court.

Answer 6

You committed a assault on another person, you were thrown out for instigating trouble, that will be there reason. They will also bring up the drinking, weather you were drinking or not. They will deny having anything to do with your foot and will say you did it because you were drunk. So you don't stand a chance judges have no patience with these issues.
Sorry

Answer 7

no longer something right this moment. Your attorney can in all risk positioned a lien on the different social gathering (after all, he needs to gets a commission too) yet he would desire to have instructed you that. call him up and ask him what should you 2 do next.

Answer 8

You will have many "cases" in your life. Pick and choose your battles wisely. Life is short.

PS I had my leg amputated a couple of years ago and my recovery time was 3 days. Aspirin is amazing (wink)(wink)

Good Luck to you

Answer 9

Nope. They were doing their job. You shoved first. plus you were drinking which makes your testimony not as valid as a a sober bouncers testimony.

Don't shove people and you won't get kicked out of clubs.

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Take this into consideration. If you take them to court and lose (which you probably will) they can take you to court and sue you in return for financial loss defending themselves. That means atty fees and time off from work.

Answer 10

talk to a personal injury lawyer they are all over the phone book