Visitor Question

Altercation at a Restaurant Involving Former Inmates…

Submitted By: Matthew (Albuquerque, NM)

I am employed at a county jail in Albuquerque, NM. On 9-12-11 me and another co-worker were watching a football game at a local chain bar restaurant. We came across some former inmates and were involved in a physical altercation.

I notified the manager to get the aggressors out of the restaurant. The assailants approached our table. The manager intervened and took one assailant to the exit door. He then walked passed the manger and approached us. The manager did not attempt to stop him from approaching us and then the fight began.

I sustained a small laceration and was held accountable legally for defending myself. I feel as if the restaurant did not do enough to stop the situation, therefore they were negligent and should be liable for the damages. What do you think?

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 Matthew,

From the facts you present there doesn’t seem to be any documented injuries. Without more than a cut you really don’t have a legal claim against the restaurant.

The restaurant management is not supposed to be a referee in a fight. That is the last thing the corporate executives train their managers and employees to do.

It appears the restaurant manager took some action by escorting one of the assailants from then restaurant.

From the facts you present it seems you may have been arrested for assault. You said you were “held accountable legally for defending myself”. That sounds like you are saying “I was arrested for hitting another person”.

Inasmuch as you are a jailer you should know assaulting another person is wholly inappropriate. In the facts you present you don’t mention any facts which would lead us to believe your assaulting someone was in self-defense.

There is really nothing you can do other than make every effort to have the case against you dismissed. Once that happens we can only hope you have learned a lesson in the laws regarding assault.

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: January 15, 2012

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