Visitor Question

Can I sue a club after the barkeep attacked me?

Submitted By: Zack (West Palm, FL)

I was out at a club with two sisters, one sister was dating the bar keep. There was controversy and the single sister tried to fight the barkeep. I grabbed her to hold her back, then the bar keep threw me down and put me in a head lock, choking me. He eventually let me go.

The owner came to me not to apologize, but to tell me never to come back. I did not call the cops as my friend asked me not too, but it’s been hard to swallow the past couple days and I have a bruised neck. Can I sue the club for my injuries? The employee was on the clock and on their premises when he attacked me.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Zack,

There are several issues to consider before choosing to litigate…

The primary issue is your damages. You may have nothing to sue over. To prevail in a lawsuit you must ask the court to have the defendant reimburse you for your property damage, personal injuries, emotional distress or the mental anguish you suffered.

According to the facts you present none of those issues seem to be present. Absent proof of any of these issues your case won’t get past “first base”. If you are thinking about suing for mental anguish or emotional distress you will have to have psychological or psychiatric proof of those mental health issues.

To do so would require you to consult with a psychologist or psychiatrist and convince them of the type of mental anguish or emotional distress you suffered. After doing so you will have to ask them to write a mental health narrative describing the type and degree of mental anguish or emotional distress you suffered.

To further convince the court of the nature and degree of your mental health issues a police report would have been helpful. At a minimum you will need credible witness testimony.

The best advice may be to convince you to stop frequenting that bar. Doing so will eliminate any further problems.

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

Best of luck,

Published: June 20, 2012

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