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I need some legal help, got assaulted by bouncers at a bar?
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I need some legal help, got assaulted by bouncers at a bar?

i was dancing, not doing anything wrong at all, i was drunk, but not stumbling or bothering anyone. all of a sudden a bouncer chokes me, pulls me out of the bar in a chokehold, and when i asked him what i did wrong, he pushed me and a friend who followed me on the ground. i had some bruises and scars the next day,and my neck realy hurt. this was 3 weeks ago and my neck still hurts, although there is practically no scars or bruises left. Im 19, and drinking age is 21, thats why i didnt do anything. but i;m worried because my neck still hurts. oh and the next day i went back to the bar and asked the bouncers if i did anything, they said they remembered me(the guy that assaulted me didnt appear), that they didnt c me do anything wrong, and they didnt know why it happened. I want help from somebody that knows what they are talking about, can I sue them? get some money? I am a college students and have finals in 2 weeks and a half, so I dont realy feel like going through any legal trouble if it is not worth it.


    




ornery and mean
Rating
You were doing something wrong! You were 19 and drunk in a bar. Someone probably told the bouncer you were 19, the bouncer .... bounced you!

Check into what the bar would have had to pay out if they were caught serving you! It's usually a couple of thousand dollars and sometimes their license to sell alcohol!

When you break the law you take certain risks, getting a little roughed up is one of those risks. Sue if you want to, be happy that I will not be on the jury.


Panda bear returns again
Rating
"Im 19, and drinking age is 21, thats why i didnt do anything. but i;m worried because my neck still hurts"


Well there you go.

You do realise ( in Australia at least) that there is a fine for underage drinking and the police will shut down a bar and issuse fines for that kind of thing.

In Austrlia I know bouncer who go a $400 fine just because he let an underage person in.

ANd it wasnt even his fault cause he kicked her out on 5 seperate occasion and she came back the 5th time with her sisters ID.

So you can see why bouncers don't muck around with things like underage patrons. If an underage person cause me to get an $400 fine I would do alot more that just choke them out.

Also severing an intoxicated person is also an offence

"That's the only reason they put bouncers there. Especially the big guys, for security purposes"

Exactly, 90% of the time the only reason security there is to keep to police from whingning.


jeff m
Rating
Concentrate on your finals. Making a case stick against a bouncer would be difficult - He'd have more credibility, your witnesses would have to admit inebriation.

One Problem with drinking in bars, is that you're easy to beat up when you're drunk. There's people that like to do that. Also, its more possible to do something rude, without even realizing or remembering it.


draconis_has_bn_reborn
Rating
Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim.

The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim.

Intent is an essential element of assault. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result. A defendant who holds a gun to a victim's head possesses the requisite intent, since it is substantially certain that this act will produce an apprehension in the victim. In all cases, intent to kill or harm is irrelevant.

In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery. An intent to frighten will not suffice for this form of assault.

There can be no assault if the act does not produce a true apprehension of harm in the victim. There must be a reasonable fear of injury. The usual test applied is whether the act would induce such apprehension in the mind of a reasonable person. The status of the victim is taken into account. A threat made to a child might be sufficient to constitute an assault, while an identical threat made to an adult might not.

Virtually all jurisdictions agree that the victim must be aware of the danger. This element is not required, however, for the attempted battery type of assault. A defendant who throws a rock at a sleeping victim can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.

An aggravated assault, punishable in all states as a felony, is committed when a defendant intends to do more than merely frighten the victim. Common types of aggravated assaults are those accompanied by an intent to kill, rob, or rape. An assault with a dangerous weapon is aggravated if there is an intent to cause serious harm. Pointing an unloaded gun at a victim to frighten the individual is not considered an aggravated assault.

A defendant adjudged to have committed civil assault is liable for damages. The question of the amount that should be awarded to the victim is determined by a jury. Compensatory Damages, which are aimed at compensating the victim for the injury, are common. Nominal damages, a small sum awarded for the invasion of a right even though there has been no substantial injury, may be awarded. In some cases, courts allow Punitive Damages, which are designed to punish the defendant for the wrongful conduct.

The punishment for criminal assault is a fine, imprisonment, or both. Penalties are more severe when the assault is aggravated. Many states have statutes dividing criminal assault into various degrees. As in aggravated assault, the severity of the crime, the extent of violence and harm, and the criminal intent of the defendant are all factors considered in determining the sentence

assault 1) v. the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. "Aggravated assault" is an attack connected with the commission of another crime, such as beating a clerk during a robbery. 2) n. the act of committing an assault, as in "there was an assault down on Third Avenue." Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.


Mєℓissα ☮
Well, you're 19 and you went into a bar. You were drinking, and the age to drink is 21. You basically answered your own question. That's the only reason they put bouncers there. Especially the big guys, for security purposes.





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