Brooklyn, NY asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York

Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was the one arrested cause she said I bit her first. I suffered a concussion, two black eyes, swelling of my eyebrow bone and black and blue bruises + lacerations on my elbows and arms. I’m looking to sue this individual and this business. I have a criminal defense lawyer already who is obtaining a subpoena for video footage as of today. I’m looking to hold this individual and business responsible for my injuries and suffering.

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition and propensity to use excessive force. Best to speak with an experienced personal injury lawyer. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.