QUESTION
Can I sue if I was assault at a restaurant? How?
Asked on May 11th, 2015 on Criminal Law - Colorado
More details to this question:
Can I sue if I was assault at a restaurant? I was at an all night diner when I was assaulted by a patron of the restaurant who was not apprehended by the police although a report was filed.
15 ANSWERS
Ronald A. Steinberg
You can sue the person who assaulted you. To sue the restaurant, you have to prove that they knew that he was a bad guy and foreseeably would assault someone, but that they let him remain on the property, or they failed to call the cops.
Answered on May 12th, 2015 at 2:53 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You would have to be able to prove that the restaurant knew or should have known that this would happen and they failed to take adequate stepts to prevent it. Not easy, considering that we are positing a legal thoery that requires a business to anticipate human behavior, but with the right set of facts, it can be done.
Answered on May 12th, 2015 at 8:15 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you don't know who assaulted you, then the answer is probably no. You can't sue the restaurant unless an employee of the establishment had some reason to be concerned that the patron who assaulted you had violent tendencies and the employee did nothing to warn you or call the police to prevent the incident. You can always threaten to file a lawsuit against the diner unless they help you find out the identity of the other patron who assaulted you.
Answered on May 12th, 2015 at 7:32 AM
Sure you can sue the person who hit you but you need their name and address. ?If the restaurant was negligent then you could also sue them [other person drunk and combative and them did not try to remove him or call the police to do so, etc], but you do not give us any information as to that
Answered on May 12th, 2015 at 12:22 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you can find the person who assaulted you, you can sue that person.
Answered on May 11th, 2015 at 6:36 PM
James Eugene Hasser
You can sue but you can't win unless you can show the restaurant did something wrong. Just because you were on their premises, doesn't necessarily make them liable. Good luck.
Answered on May 11th, 2015 at 5:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, generally you can sue the assailant by either you or the police will have to determine how that is. The restaurant is not liable for the intervening criminal acts of others.
Answered on May 11th, 2015 at 5:15 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You can sue the person who assaulted you and call the police and make a criminal complaint. They will probably decline to do anything now that time has passed. Suing him yourself will just expose you to more contact with the defendant. An 'all night dinner' sounds like an uncontrolled party. Why all night?
Answered on May 11th, 2015 at 5:05 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can sue, but you will have to show that the restaurant owned you a duty to protect you from assault. Find a good personal injury lawyer soon. Good Luck.
Answered on May 11th, 2015 at 5:04 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It would be important to know whether you received medical attention as a result of the incident. Also, if the patron that assaulted you at the restaurant had been drinking at the restaurant, the restaurant may be liable under the Dramshop Act.
Answered on May 11th, 2015 at 4:31 PM
Lisa Hurtado McDonnell
Did you receive any injuries and did you seek medical treatment? If not then you don't have a claim for personal injuries.
Answered on May 11th, 2015 at 4:23 PM
Edwin K. Niles
You can certainly sue the attacker, if you can find him. The restaurant is not responsible, unless there is something that they did which was negligent. This carries with it an element of foreseeability.
Answered on May 11th, 2015 at 4:20 PM
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Who are you going to sue if the assailant got away? Did the restaurant do something negligent? You need to prove negligence before you can recover compensation.
Answered on May 11th, 2015 at 3:38 PM
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It is possible, but the Question is whether you can win likely, the key is whether the restaurant had any reason to know this person might be dangerous or had a duty to protect you from them what are your damages?
Answered on May 11th, 2015 at 3:37 PM
Thomas Edward Gates
If you know who assaulted you, you may sue that individual. To sue the restaurant, you would have to prove that they were negligent in causing/not preventing the act.
Answered on May 11th, 2015 at 3:37 PM