Page two has a solution.

1/29/2008 1:15:10 PM

Quote :

"isn't this part of the danger of being a bouncer? if you end up taking this guy to court, couldn't they argue that you take that risk just by showing up to work every day."

Some of ya'll have an extremely "loose" view of assumption of risk.

1/29/2008 2:10:17 PM

"lose" view ... gosh learn to spell

1/29/2008 2:47:35 PM

lol wat?

1/29/2008 2:49:26 PM

Doesn't matter that he takes "the risk" as part of his job (that's not a valid excuse for your client to strike someone with a bottle). The person that strikes someone with a bottle is at fault (they broke the law). So he could sue and win, but he's not going to get much if there wasn't actual damage or medical bills as a result and it will be a drawn out hassle which wouldn't even begin until he got convicted.


I risk getting into a car accident everytime I drive, but it doesn't mean that when someone rear ends me that there not at fault because I knew the risk.

[Edited on January 29, 2008 at 3:02 PM. Reason : .]

1/29/2008 2:56:53 PM

fuck the bullshit. sue the hell out of him

i work for a civil firm and that suit would win, it is in no way frivilous. you were working, he assaulted you while you were doing your job. case closed.

contact Annette Exum (Exum Law Group) and she'll hook you up. she may even waive the consultation fee.

tell em' evan sent you lmao

1/29/2008 5:31:09 PM

my buddy has like 20/300 vision in one eye and glaucoma from some asshead at a bar that decided to throw a bottle and hit him in the eye one time...his life is kind of fucked as far as what jobs he can do, his ability to drive, the fact that sometimes his eye will just start vibrating and give him a headache

you showed restraint juiceyman cause sometimes people like that deserved to just be taken into the back alley and beaten to within an inch of their lives...and robbed

1/29/2008 5:34:54 PM

how typical. some faggot bouncer gets fucked up and wants to cry over it. I'd like to hear the entire story on what happened to result in you getting hit with a bottle.

1/29/2008 5:45:52 PM

a friend of a friend was attacked by a bouncer (unprovoked) at buckhead over the holidays...just though i would share

1/29/2008 5:58:56 PM

Once again, at the risk of sounding redundant, JUST BECAUSE HE WAS A BUSINESS OWNER (so you all are assuming, he could just be the manager mistakenly ID'ed as the owner... YOU DON'T KNOW) and it SURE doesn't mean he's rich.

Second, our company has corporate attorney representation... STOP SOLICITING CLIENT LEADS (Although I do give a thumbs up for effort there.)

Third, based on comparison to other local establishments, our security team DOES NOT look like a bunch of 'roid-heads... for a reason.

Last, to the ding dong (yeah I said it) who told juicey not to take my advice since i'm in marketing and that I was trying to "squash" it, try again. I LOVE our staff and think they deserve the best treatment (in fact, my boyfriend is one of our security guards so I very often can see it their way). I would never try to minimize his situation but let's call a spade a spade, k?

Wait, one more, MOST IMPORTANTLY... this is NOT typical for our establishment. We are definitely not a "fighting" bar... you can take that crap elsewhere... your money is not THAT good.

Anyone else who'd like to discuss this or talk crap to me exclusively, can PM me.

PS - Str8BacardiL... I agree koozies would resolve this issue. I'll get on that immediately.

[Edited on January 29, 2008 at 6:03 PM. Reason : ']

1/29/2008 6:02:22 PM

just to clear up

at Buckhead they arent bouncers or in any way insinuated with being a bouncer...they are GWA good will ambassadors. Their job is to maintain a free flowing, safe, secure and orderly environment.

now, Id love to know WHO this guy was, go ahead and slam him on here, that helps a little anyways.

then

Quote :

"take him to the cleaners."

get yourself a lawyer, orrrrrrr if you are a student at State still go to the Student Legal Services and get with them over it, they will help you for free.

but you ARENT a bouncer, and remember that, because connotations and stereotypes are placed on those guys.

1/29/2008 6:11:11 PM

Quote :

"they arent bouncers or in any way insinuated with being a bouncer...they are GWA good will ambassadors. Their job is to maintain a free flowing, safe, secure and orderly environment. "

so what do you think a bouncer does?

1/29/2008 6:14:58 PM

"bouncers" are there for those reasons and to physically handle any altercation that happens in the establishment. they have the figure as being beefy big beat your ass kinda guys who wouldnt mind head locking you taking you out back knocking you out cold then telling the officers that you tripped on the way out.

trust me, the bars I have DJed in I can tell you there is a HUGE difference in a GWA and a bouncer.

theres plenty of bouncers i wouldnt mess with, but not many GWA's(sorry juicey)

you obviously havent been to an establishment like buckhead and seen the difference.

and lilwolf, get me back in there...gahhh...people loved me

1/29/2008 6:18:27 PM

I was once a 5'7", 155lb "Door Guy"....I think I might have thrown out one guy in 4 months.

Good times....

1/29/2008 6:18:30 PM

you're a bouncer, it goes with the territory. if you don't want to get hurt, don't do it. I've been hurt alot worse being a bouncer and never sued anybody. quit being a bitch and grow a pair.

1/29/2008 6:20:28 PM

i still think it depends on the job description, title and establishment.

you dont call the chef at Angus Barn the same as you would the fry cook at Burger King.

1/29/2008 6:23:07 PM

dude let it go. Get your medical stuff paid for and make sure he gets his in court. Guy I tried to arrest the other day resisted and I ended up getting kicked in the leg. the result is I have a nasty bruise on my leg and he got tased but I didn't charge him with assault. shit happens bro. Comes in the line of work.

1/29/2008 8:00:45 PM

you have a badge, he doesnt.

1/29/2008 8:05:48 PM

Quote :

"It depends on you actually. I was raised not to just sue people because you can. That's what is wrong with this country."

i agree w/ this and other statements like it in this thread; however, there is a CLEAR difference between say for instance, when my brother was younger he and his best friend were jumping on his bed after my parents had asked them multiple times to stop. friend falls off, busts his head open on a bookshelf and has to go to the ER. that kids parents could have sued the shit outta my parents. but they didn't. that is totally different than being attacked by someone. what happened was a criminal offense. hell yea i would at least talk to a lawyer about the possibility if i was assaulted. as someone else stated, you should NOT just be able to get away with things like this. he is going to have to accept criminal consequences and obviously he opened the door for civil consequences. whether or not the risk of the bouncer's job should matter isn't really a factor unless it goes to court, then it is for someone else to decide. and yes, i'm sure an opposing attorney would argue that being a bouncer at a bar opens you up to reasonable contact with other persons---breaking up fights, maybe catching a stray punch, etc, however, as described, this was a direct attack with a beer bottle. this is someone's life, someone's body, etc. and contrary to what most people think, our judicial system does have SOME restrictions in place to prevent frivolous lawsuits. i say there's nothing wrong with talking to a lawyer at the very least. i would definitely do the same thing if this happened to me (and i have been assaulted before, and i declined to press criminal charges or sue, because i did not think that my specific situation warranted it).

1/29/2008 8:16:55 PM

The key here is damages. Lawsuits are all based on damages. Duty owed, duty breached, harm, and the breach was the proximate cause of the harm.

Duty owed: Be a reasonable member of society and don't hit people with beer bottles.
Duty breached: He hit you with a beer bottle.
Damages: Do you have any damages? That can be medical and missed work. Or it can be general damages also known as pain and suffering. You have to prove any pain and suffering.

Then there are punitive damages. Thats when someone commits an act so grossly negligent that society must feel the need to put this individual up on a pillar or something and punish them. You might have something going there. They are difficult to quantify and would be up to the discretion of a jury. He would defend himself by saying he was arrested and has served his debt via the criminal charges and you are medically fine so we should move on.

Medical bills and lost wages can be covered by your employer's worker's comp insurance but you don't get pain and suffering from that.

1/29/2008 8:50:18 PM

yes, sue

1/29/2008 9:38:51 PM

then what do you call this:
i get in a car accident. i'm not hurt but i'm scared of driving for the rest of my life. i want ten mil as compensation. fair/not fair?

1/29/2008 9:40:20 PM

i read most of this but skimmed over some as well. here's what's likely going to happen (assuming the guy doesn't have a terrible record)

he's going to end up getting a plea deal, and get it reduced to simple affray or some misdemeanor assault charge. he's going to get a couple years probation with a suspended sentence behind it. he's going to have to pay a supervision fee every month, and he's VERY VERY LIKELY going to have to agree to take care of your medical bills in order for a DA to offer this plea deal. this way it works out best for both parties (although i believe that violent people belong in jail over minor drug offenders any day) -- he stays out of jail, you get your bills paid, etc etc.

he will not get off probation without paying the restitution. if he fucks up, he's gonna go to jail. if that happens, then you should probably try to sue him (although if he can't make timely restitution payments over a couple years time you may never get anything from him). otherwise, the court is gonna set this all up so you get your money back, and the county and state get their money as well.

i'd wait until the outcome of the criminal case before i made my move, only thing i'd check on is statute of limitations in civil court on stuff like that, i guess. i'd talk to one of the victim advocate people and the ADA and let them know that youre interested in getting medical bills back.

on the other hand, if you're trying to see the guy go to prison, then you obviously aren't expecting to ever get any money -- so really, unless it had a big impact on your life, i don't think it's right to expect much more than getting your hospital bills paid. and from every case i've seen like that (assault, robbery, theft, etc), they always made the person pay restitution as part of the plea bargain. even if they had to go to prison for a year or 2 first, they had like 3-5 years probation when they got out and had to pay that shit or they went right back.

i'd do it that way, anything else and you're tying up the courts twice for the same thing i think

1/29/2008 9:51:53 PM

You're a bouncer not a pussy. Just get your bills paid for and move on with life.

1/29/2008 10:16:55 PM

I still fail to see where he has discussed having any bills at all. If he'd like to buy me a shot for cleaning the cut and putting the band-aid on him, then $5 (ok, let's go all out, Patron $8) isnt't even worth the drive/walk down to the courthouse.

Kris, <3 ya buddy but don't take advice from anyone who has not passed the NC State bar exam.

[Edited on January 29, 2008 at 10:23 PM. Reason : .]

1/29/2008 10:21:05 PM

Quote :

"i still find it hard to believe that a guy trying to promote his business would, unprovoked, hit a bouncer in an establishment that was allowing him to peddle his product/service."

i've been to a few black tie events and even there the sponsors/patrons had no problems getting belligerent and taking swings at people. it's sad when the people you hire to supervise your party end up having to remove you.

1/29/2008 10:36:23 PM

Quote :

"Kris, <3 ya buddy but don't take advice from anyone who has not passed the NC State bar exam."

in this thread, i've seen 2 LEO's post, and i've also seen a poster who i'd basically consider an assistant district attorney for wake county ( at the very least, he had an internship or something during a semester when i was in court a whole lot ) -- that's just people that i know of specifically. you really have no idea how many of these people may or may not have passed the bar, or at least be studying to take it. its not like you can just go take it every day, ya know

and while i agree that you shouldn't totally base your legal decisions off wolfweb posts, the guy didn't come in here really asking for legal advice. he just asked if we thought he should sue, and if we had any "recommendations" on attorneys.

i'm mainly speaking for myself here, but i know there are tons of people who have had to sit through all sorts of trials and pleas and etc etc etc, as well as people who have been in very similar situations, and i don't think it's very fair to just assume that just because we haven't passed the bar, that we can't give decent advice to the guy. if nothing else, its good stuff for him to consider, if not talk over with an attorney. hell, he might talk to someone at the DA's office and decide that he doesn't want to pay for an attorney to get him money that he's already entitled to.

not trying to knock you or anything, and i know legal advice on tww is ALL YOU CAN EAT, but i don't think its terrible that the guy at least has an idea of some of the possibilites

1/29/2008 10:48:09 PM

Quote :

"then what do you call this: i get in a car accident. i'm not hurt but i'm scared of driving for the rest of my life. i want ten mil as compensation. fair/not fair?"

that isn't how it works at all. there are so many things wrong with that "example". and while i'm sure people would agree that your "example" is unfair, it isn't really a plausible example at all.

1/29/2008 10:48:20 PM

I wouldn't sue him unless it was to cover medical expenses, if there aren't any, I would just let the law deal with him since he has to go to court for the assualt charges.

1/30/2008 1:33:48 AM

Quote :

""then what do you call this: i get in a car accident. i'm not hurt but i'm scared of driving for the rest of my life. i want ten mil as compensation. fair/not fair?""

I call that a terrible a case. Because if you somehow made it to a jury they would give you no money.

1/30/2008 8:03:00 AM

Quote :

"i've been to a few black tie events and even there the sponsors/patrons had no problems getting belligerent and taking swings at people. it's sad when the people you hire to supervise your party end up having to remove you."

and i've been to a few events where the "people hired to supervise" are power tripping assholes that start shit for little or no reason.

I just think it's funny he didn't feel the need to illustrate how everything happened, just

Quote :

"On Friday night a drunk person intentionally grabbed a beer bottle and struck my forehead with it"

I don't care where you are, that type thing rarely happens unprovoked.

1/30/2008 9:00:22 AM

^exactly. I've seen way too many bouncers try to start shit just because they think they can, only to find the little guy they're fucking with for no reason came to the bar with 4-6 people my size or bigger and back down.

1/30/2008 9:18:42 AM

^^ I am assuming you have never worked at a bar.. especially doing security. It happens on a somewhat regular basis. I would say we had to remove an average of one guy a month (and that is with my working 6-8 total nights a month) for taking swings because some guy bumped into his gf, bumped a chair into his leg, or just fucking looked at him the wrong way (which you COULD argue is considered being provoked -but you would be dumb). Of course if you, as a security staff person, try to restrain him he is going to try to turn and fight you then (which I would consider unprovoked). Also, Buckhead really does not hire big guys at all, they make it a point not to have huge security people. Luckily all of the guys who started shit when I was there were little rednecks or foreigners who weren't too hard to handle. But if a big guy goes crazy, there really are no security guys who could handle it by themselves. There is good teamwork though.

[Edited on January 30, 2008 at 9:23 AM. Reason : gwa]

1/30/2008 9:22:42 AM

Quote :

"fuck that. take him to the cleaners."

1/30/2008 10:06:34 AM

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1/30/2008 10:16:15 AM

I didnt read past the first post but you need a new job. If you are gonna be a bouncer, then bitch about getting hit, you are in the wrong line of work. Quit being a vag and go work behind an office desk. In fact, Buckhead should fire you for this. Im friends with a lot of bouncers in the Greensboro area and I know for a fact they would get fired for crying over a fight or for not being there to stop one. I also know the bouncers have taken way more than a beer bottle to the head from drunk customers. Man up

1/30/2008 10:44:42 AM