Can I sue the bar because the security guard punched me and I was attacked? 5 Answers as of December 11, 2013

My friend and I were at a local bar. It was 19+ that night but we got in using our college ID's and we are 18. We bought 2 drinks each that night but that was it. We later lined up for the bathroom and were harassed by a visibly drunk guy. We tried ignoring him but then he attacked my friend after we both turned around to ignore him. I tried protecting my friend and was punched by a security guard and the attacker's friend as well as the attacker himself. We were then escorted to our car and forced to leave without being able to file a police report.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
If you have $ 5000 for the retainer you can sue.
Answer Applies to: Georgia
Replied: 12/10/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well you were breaking the law and would have to admit that. Would it be worth it?
Answer Applies to: Michigan
Replied: 12/11/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You may have been fighting in their bar and that will give the bouncer a reason to remove you but probably not to punch you. Bouncers can get a bit carried away at times but you should go to them if someone gives you trouble and not join in on the fight or you are going to get injured and thrown out. You had no business in the bar and could have been arrested by the police if you used fake ID or were under age so why would you want to talk to the police? If you were not badly injured or arrested then you are lucky and should forget about it.
Answer Applies to: New York
Replied: 12/5/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You can sue anyone for anything. The issue is whether you would win the suit and what a "win" would be worth. You say you were "forced to leave without being able to file a police report". But there was nothing to stop you from driving to the police station and filing a report. You could a report tomorrow if you want to. The issue is not the police report-the issue is whether you have viable claims. You got in an altercation in a nightclub-these happen every day. And everyone in the altercation will tell a different story and point figures at everyone else. The security guard will say that he was just doing his job and that you were the aggressor. Unless this club has video cameras that could back your claim, your case is pretty much hopeless. And even if you win, how exactly have you been damaged. To win a law suit, you have to show injury and damage. Your question does not state that you were forced to go to the hospital or that you suffered any serious injuries. Thus, no lawyer is going to take the case on a contingency-the amount of time and effort necessary to pursue the case would not be worth the potential recovery. Of course, if you are independently wealthy and want to pay a lawyer to pursue claims, most lawyers would gladly do so. But unless you have $150,000 to invest in the case, you won't get a lawyer to take it. And it doesn't help that you were 18 in a club that was 19+. There is a doctrine in the law known as "unclean hands". If you try to pursue a claim against third parties at a time when you were breaking the law or violating the rules, you could have your case thrown out of court. Nightclubs can be dangerous places-I know from years of experience, starting out as a "club kid" and continuing today as counsel for clients in the music industry, including famous DJ's, dance/pop artists and other musicians. The first lesson you need to learn is to avoid hanging around people who are drunk or highif someone is harassing you, walk away and avoid confrontations. The second lesson you need to learn is that under the law, when you enter a nightclub, you assume the risk that harm can occur because you are in the wrong place at the wrong time. The third lesson is how hard it is to sue owners of nightclubs-they are often hiding behind three levels of corporate veils, so that even if you get a judgment against the club, you will have great difficulty collecting it. This is also why I advise all of my clients who perform in music and entertainment to set up their own corporations and purchase insurance to cover the wild things that happen in nightclubs-somebody throws a glass at me while I am sitting at the piano and trying to sing, it hits a young guy or girl and causes major injury, and they blame not only the club but me as the piano player. In the end, no one wins in law suits about these types of incidents.
Answer Applies to: New York
Replied: 12/5/2013
Ascheman & Smith | Landon Ascheman
Perhaps, instead of trying to sue the bar and the security guard, you should be thankful that they assisted you avoiding criminal charges for underage drinking.
Answer Applies to: Minnesota
Replied: 12/5/2013
Click to View More Answers: