Altercation with Boyfriend While Drinking at a Club...

by Sam
(Atlanta, GA)

I was recently involved in an altercation with my ex. We were trying to "work" things out. One night we decided to go to our local club, where he also worked as a bouncer but was off that night. This day, he had been drinking all day because he had been at a baseball game. At the club, they continued to serve him alcohol.

When I arrived, it was the drunkest I had ever seen him in the 2 years we had been together. I then also started to drink, and they continued to serve him as well. Everything was fine until some girl said something to me about him. (Now, I can't remember exactly what she said or what happened because of the hit - I'll explain later.) I do remember the girl saying something about my ex, so I went up to him to confront him.

I was told by other people that I slapped him a couple of times. He then either with his hand or a glass he had in his hand punched me in the eye. I do remember him grabbing the back of my head and throwing me to the ground. I ended up with a concussion and retrograde amnesia, and stitches on the corner of my eye. He then took me to the back room and ran off.

I regained consciousness and remember the employees standing around while I suffered from a panic attack. The manager if the club was very hesitant to call an ambulance for me as well. Now, the club has 2 rooms and is pretty big. That night they only had 2 bouncers working, but one was outside at the door checking IDs while the other was letting people in, so there were never any bouncers walking around who could've possibly prevented this.

My ex is 6'4" and 280lbs, and I am 5'7" and 120 lbs... big difference. The police officer on duty, who is also a co-worker and friend of my ex, never made a police report. My guess is because he wanted to cover for him.

I had to miss 2 weeks of work because of this and I went back feeling humiliated because my face was still messed up. I never pressed charges on my own because I feel like this could've all been prevented if we, especially my ex, had not been over-served, and if there were more bouncers walking around who could've stopped the argument right away.

So, my question is... Can I go after the club's insurance to pay for my bills and pain and suffering? Or what do you recommend? This all happened in Atlanta, GA. Thank you!

Visitor Question:
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ANSWER for "Altercation with Boyfriend While Drinking at a Club...":

Sam (Atlanta, GA):

We can only hope you were smart enough to file an aggravated assault case against your ex at or soon after the aggravated assault. If you didn't take the aggravated assault seriously enough to have filed a police complaint against him, it will be hard to convince others of the seriousness of the assault itself.

The club may be liable for part of your injuries if you are able to prove they knew your ex was intoxicated, and knowing he was, continued to serve him alcohol.

Gathering witnesses to the aggravated assault will be important. It isn't too late to speak with any of those people at the club that night to get their statements. Take a tape recorder with you if necessary. Do whatever you need to do to gather the witness statements along with their names, addresses and telephone numbers.

You might want to seek the counsel and advice of a personal injury attorney. Most will not charge any fee for an initial office consultation. That would be a very good place to start.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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