Being the victim of an assault is unsettling, so you could probably use some suggestions about what you should do if someone assaults you at a nightclub. Taking the right measures can protect your safety, your health, and your claim for compensation.
The First Steps to Take After an Assault at a Nightclub
No one formula will apply to every situation, so you should evaluate the facts of your case and take the steps that are appropriate for you. You should always put your safety first. Here are some suggestions of things people can do after someone assaults you at a nightclub:
- Call 9-1-1. The sooner that you call law enforcement, the better their chances of catching the person who attacked you. Also, the police report will be critical evidence as to when and where the assault happened and the injuries you sustained.
- If you can do so safely, get the names and contact information of bystanders. They might have seen the attacker. If so, they might be able to provide valuable information for the police, like a physical description or other details that could help law enforcement identify and catch the criminal.
- Avoid talking about the assault to anyone aside from the police and the nightclub’s management. If you speak too freely about the accident, you might accidentally say something that could leave you partially at fault for your injuries.
- Get medical attention. If you delay in getting treatment for your injuries, they might get worse. Even if you cannot detect specific injuries, you should have a professional medical examination. Some injuries do not show signs immediately. You could have a neck, back, or head injury or internal bleeding and not know it at first. We will use the medical records as evidence to link your injuries to the assault.
- Notify the nightclub. Notifying the club right away takes away their argument that your injuries happened somewhere else and not at their establishment. If you do not provide prompt notice, the club's liability insurance carrier will likely deny that an assault ever took place. Providing immediate notice of the attack lends credibility to your injury claim.
- Talk to a personal injury lawyer. Georgia law allows you to handle these claims on your own without a lawyer, but if you have a professional on board, you can focus on healing from your injuries and the trauma of the experience. Going after the nightclub for your losses will involve dealing with investigators, prosecutors (because assault is a crime), and insurance adjusters. An assault and battery lawyer can navigate through this process for you.
Going After Compensation for Your Injuries
People often assume that if the police are going after the criminal, the victim does not have the opportunity to collect compensation for their losses, but this is not the case. You might be able to sue both the criminal and the nightclub, depending on the facts of your case.
Note: Act quickly or you may risk overstepping the statute of limitations, jeopardizing your right to compensation.
Suing a Nightclub After an Assault
You might be entitled to compensation from the nightclub if carelessness on the part of the club contributed to the attack. Two of the most common legal grounds for suing a nightclub after an assault are simple negligence and negligent security.
We can hold the nightclub responsible for your injuries if we can prove all four of these factors of simple negligence:
- Legal duty of care. The nightclub must use reasonable measures to maintain a safe establishment for its customers. For example, a club should not employ workers who pose a threat to the safety of its patrons.
- Breach of the duty of care. When a nightclub violates its duty of care, it is negligent. If the club hires someone who has a violent criminal history, the club can be negligent.
- Causation. The negligence must cause or contribute to the injury. If the violent employee attacks someone on the premises, the nightclub’s negligence caused or contributed to the assault.
- Damages. Physical injuries satisfy the element of damages for purposes of liability. The victim sustained physical injuries from the attack. The nightclub is responsible for the victim’s damages.
If negligent security caused or contributed to the assault, the nightclub can be liable under that legal theory. We have to prove all four of these elements for a negligent security claim:
- The nightclub owed the victim a duty of care.
- The defendant club failed in its legal duty toward the assault victim. It is negligence to breach a legal duty.
- The nightclub’s negligent security caused harm to the victim.
- Adequate security would have prevented the crime.
Get Help Today: 404-842-7838
If you got hurt because of an assault at a nightclub, you can contact a negligent security lawyer at S. Burke Law for help going after compensation for your injuries. Call us today at 404-842-7838 for a free consultation.