Nightclubs In Hollywood Fl
Got hurt at Seminole Hard Rock Casino nightclub. Can I sue?
Last night, I found myself on the ground the outside of a night club in the Seminole Hard Rock casino in Hollywood, FL. I got punched really hard in my eye, making me nearly unconscious. I was transported to the ER, and I will be staying in the hospital for a few days.
What are my choices? Can I sue the night club? I am not sure if the guy was apprehended, but the place has cameras. I am told that I will not regain vision in that eye.
The night club did not apprehend the individual, and now I can not find him. Do you think I should pursue trying to find the invidual? They have several cameras in the property, and they scan IDs of every person who enters the area.
You can certainly sue the guy who assaulted you, that is if you can find him – you could sue him for assault (the threatening action before a punch) and battery (the actual punch). You could also try to sue him for negligence.
As to whether you could sue the nightclub – maybe, maybe not. You would need to prove on the balance of probabilities that this would not have occured if the club had taken reasonable precautions, or had not made an omission (failed to do something).
Basically as a patron they owe you a duty of care. This duty of care has a standard of care. What this standard is, is debateable – did they owe you a duty of care even though you were outside the club at the time of the incident? Most likely not, but there is a possibility.
If you can establish a standard of care then you need to prove that they breached this. What did they do (positive action) to cause this damage? What did they fail to do (omission) which resulted in this damage? This must not be remote and it must have reasonable proximity (basically that their actions directly resulted in the injury).
If you can establish that, then all you need to prove is damage.
It wouldn’t be a very easy case to establish based on the little facts provided and the court would be reluctant to find them liable (courts don’t like taking responsibility away from individuals, I mean afterall it’s not like the club did this to you). You need to contact a lawyer and seek advice.
I hope this works out for you and I honestly hope the offender is caught!
Passion Nightclub Hard Rock Casino Hollywood Florida
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This entry was posted on Sunday, June 6th, 2010 at 4:58 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
4:04 am on June 11th, 2010
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