Question: Can I sue
the bar for a torn ACL caused by two patrons fighting and running into me after
they had fought twice already? I was at a nightclub for my friend's birthday. We had reserved
a special room for $500 which included a bouncer at the door. This guy who is
an acquaintance of my friend came in and got into 2 scuffles with another man
in our room. The bouncers had removed this guy twice and the third time it got
real physical. A punch was thrown, one man picked the other up and ran with
him. They ended up running into me tearing my right ACL and partially tore my
right MCL. I had reconstructive knee surgery and spent over $5k out of pocket
for medical bills. My current lawyer said we can't sue the club, we can't sue
the one guys home owners and the other guys home owners won't pay because the
other guy inst paying. I can't believe as an innocent bystander I can't sue the
bar when this violent behavior was known by the security team, who I guess I
also can't sue. I suffered a serious injury which will be with me the rest of
my life and the only one who is paying, is me. Can anyone help me please!
Answer: Yes. This sounds like negligent security. Your damages are probably the reason your lawyer has gone cold on the case. If you were a vegetable, he might be more active. Personal injuries are usually beyond the jurisdiction of most small claims courts but you can easily go to the next level, called Justice Court in Montana. The clerks in JC are usually the same people that run the small claims. Ask for the forms, fill them out and bring a few witnesses. Sue the bar and make sure you find out from the state who owns the liquor license. You might be able to make a complaint to the license board about this dangerous rowdy house. Call different attorneys first, but you don't have to quit.
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