Visitor Question

Pushed by Bouncer…

Submitted By: Alan (Virginia)

In Virginia, I was leaving a bar at closing. As I was passing through the patio area to leave the bar’s property I was shoved in the back by a bouncer, hard enough to put me on the ground. As I started to get up, the bouncer was on top of me again. No punches were thrown due to other bouncers and the people I was with separating us.

The police actually were in the area and stopped by to check on the problem. While talking to the police, the bouncers (other than the one who initially shoved me) were telling my friends that they were sorry about the incident.

The police asked the bouncers if they wanted to press charges and at that moment asked me if I wanted to press charges. The bouncers did not want to have me arrested and I denied anything at that point. There was no previous incident with the bouncer.

What can I do about this?

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 Alan,

If as you say, you “denied anything at that point” you may have destroyed any claim you may have had. If you believe you were assaulted you should have told the police. If they believed you it is highly likely they would have made an arrest. That arrest would have been part of the foundation for any suit you might be considering against the bar.

Additionally, although you say you were pushed by the bouncer, you didn’t sustain any injuries, or if you did you didn’t mention them.

Without evidence of bodily injury your case against the bar continues to weaken. To sustain a civil lawsuit against the bar you would have needed to suffer credible and documented bodily injuries. Those injuries might have included a trip to the emergency room and subsequent treatment and recovery.

In addition, the suit could include your out of pocket expenses for prescription and over the counter medications, and any lost wages as well.

Thankfully it appears the only injuries may have been to the participants’ pride.

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: February 5, 2012

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