QUESTION

Can I sue a night club?

Asked on May 20th, 2013 on Entertainment Law - Nebraska
More details to this question:
I'm a small structured woman and when leaving a night club, a friend and I were standing outside saying bye to everyone. A man came up to me in front of a bouncer there pinned me up against a wall and was trying to kiss and grope on me. My friend ran to the bouncer and told him that the guy was creeping us out. He did nothing but push my best friend hard enough that she almost fell on her butt. When we asked to speak with a manger about it, they refused and assured they have cameras and followed the law? Can they really put their hands on a woman and can they be held responsible for that guy touching me and them not stopping it?
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2 ANSWERS

Susan Marie Basko
Generally, there is no duty to rescue. You were outside the club. When you leave a bar or night club, you should walk immediately, quickly, and quietly away, so you don't bother nearby residents with noise or ruckus. By lingering in a place where you are not supposed to, where you know people are intoxicated, you can be said to be bringing trouble upon yourself. Also, it sounds as if you were not injured, but simply annoyed. You can go to a lawyer and ask if they think you have a merit-worthy cause of action, but I think you do not. Next time when you leave a bar or club, remember that it is your legal duty to move very quickly and quietly from the area. If you want to say goodbye to someone, you need to do that before leaving the building. Bars often lose their licenses because their patrons linger outside and cause a ruckus.
Answered on May 20th, 2013 at 10:20 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The night club manager and the bouncer are only responsible for the business itself and not the surrounding sidewalk, parking lot, or street unless the night club owns that surrounding land. Having said that, I am willing to guess that due to the bouncer?s inaction, you and your friend are unlikely to return. You would certainly have a claim against the man who groped and attempted to kiss you. To extend that claim to the night club, you would have to prove that its employees had an obligation to protect you.
Answered on May 20th, 2013 at 9:52 PM

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