QUESTION
Can I sue the club for allowing sexual harassment and assault on their property? And is this worth filing a lawsuit?
Asked on Jul 01st, 2013 on Personal Injury - California
More details to this question:
This happened in Southern California Hollywood, walking to my car after a concert me, my wife, my sister, and brother in law, a person touched my wife's behind we confront him in front of the club, security sees what is going on and does absolutely nothing, before we could make it to our car all four of us were attacked by 10 to 12 males. Me and my wife received terrible wounds and were rushed to the e.r ( I have pictures before we received stitches on our faces, the main 2 males that started this were caught by police I have a police report, now I want to sue the club for allowing sexual harassment and assault on their property, ( negligence of security ) and owner because he was down at the scene after it happened that tells me he knew his " security guards" did not do their job, I would really love to receive a reply, thank you.
1 ANSWER
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Is the parking lot on the club's property? You probably have no case for the sexual touching, unless one of the security guards did it. You may have a case for the physical assault if parking lot was on the club premises. You will have to prove that security guards overheard the threatening remarks or saw threatening gestures by your attackers, and had notice of the danger to you and your family. The owner's admissions after the incident while helpful, will not be enough by itself. Is there any component of race or ethnicity? If so, it could be a "hate" kind of crime which may give you heightened penalties or punitive damages.
Answered on Jul 05th, 2013 at 3:07 PM