Excessive Force by Bouncer

[Irish Houstonian]

What would really help your case would be if the bouncer had been excessive or reckless in the past. That way you can argue that it was unreasonable for the club to keep him or not put in place some additional protocol preventing these types of incidents.

 

[Irish Insanity]

You said in your OP that you were drunk, but not blacked out or belligerent. But you don't remember why you were thrown out? Seems like if you weren't blacked out, you'd definitely remember this. If you're going the lawyer route, first thing I'd suggest is getting your story straight.

Like others said, I'd call the bar just to see what their story is. Even if it's untrue, it's good to know what you're up against.

Good luck.

Pretty sure he had said that when he was thrown out and hit his head that is what caused his memory loss so he doesn't know what happened now.

 

[koonja]

Pretty sure he had said that when he was thrown out and hit his head that is what caused his memory loss so he doesn't know what happened now.

Ok, well in that case, I'd call them. It'd be an awkward phone call, but if you have 100s, even 1000s in medical costs because of this, it doesn't hurt to find out what the owner will say.

Maybe the guy was fired because of this? Maybe not but he admits excessive force? If he does, then I'd say definitely get a lawyer if you have medical costs because of this.

Or maybe he tells you a story of you deserving it? Won't be good news, but maybe help with closer.

Either way, pics or it didn't happen.

 

[koonja]

If possible, I would record your conversation with him/her though. If you don't like what's said, destroy it. But it could come of use if he says some interesting things.

 

[Irish#1]

I would consider contacting the establishment and asking for there account of what happened. It may be biased towards them to protect themselves, but at least it will be some pieces to the puzzle. Perhaps inform them you were injured and explain your loss of memory. Even explain you have no desire to file a suit, but that you simply want to fill in what is now blank. I would imagine most establishments now a days have security system outside and possibly inside that recorded the incident.

If they had any ounce of brains, they wouldn't talk to him about it. From their standpoint, the less said the better.

 

[sharksamardzija8345]

You said in your OP that you were drunk, but not blacked out or belligerent. But you don't remember why you were thrown out? Seems like if you weren't blacked out, you'd definitely remember this. If you're going the lawyer route, first thing I'd suggest is getting your story straight.

Like others said, I'd call the bar just to see what their story is. Even if it's untrue, it's good to know what you're up against.

Good luck.

I was knocked unconscious. Doctors told my brother that could be the reason for my memory loss.

 

[Irish To The Core]

What would really help your case would be if the bouncer had been excessive or reckless in the past. That way you can argue that it was unreasonable for the club to keep him or not put in place some additional protocol preventing these types of incidents.

On the other hand what would really hurt is if the ``victim`` has a record with drunk and disorderly or mischief, etc.

 

[amgarvey]

That might be the law, but it's not the reality of what happens in bars.

There are a lot of ways for people to deflect blame for their actions and make money from it.

Fortunately what matters is the law, not your opinion of what the law should be.

 

[amgarvey]

You're making yourself look bad.

Blah, blah, blah...black and white...you was kicked from a bar and got your ass whooped. And then made your own thread about it.

You get attention...and your ass whooped. WINNER

Frankly I think you're the one who's looking like the real fool here. I can barely understand half of what you're saying.

 

[Irish Houstonian]

On the other hand what would really hurt is if the ``victim`` has a record with drunk and disorderly or mischief, etc.

Actually, all that's inadmissible. Unless by "hurt" you mean hurting his self-esteem.

 

[sharksamardzija8345]

Actually, all that's inadmissible. Unless by "hurt" you mean hurting his self-esteem.

yeah i've never had a run in with the law besides one speeding violation.. other than that, I've rarely even come into contact with too many police officers in my life

 

[D-BOE34]

If I was in this spot and wanted to think about a lawsuit, I would immediately think, "How can I find out their side?" I don't know law or what is within reason but I know I would find out who saw what and some stories. Whether it be friends posing as patrons and pointing out the bouncer mentioning how they saw him toss "Some dude" the other night. He may brag or what not. Also, I would find out if police have records of eye witness accounts, if not, why?? Ambulance, drunk guy out cold, seems like cops would be all over. Cameras? I would canvass the shit out of the area. An ATM may be your best friend (unlike most of college).

I would dig myself without doing too much to see what I really have ahead of me. While some may not be used in your case, you at least know if you should pursue or if you were a total jackhat that night.

What you find could be enough for a lawyer to take the case.

 

[sharksamardzija8345]

If I was in this spot and wanted to think about a lawsuit, I would immediately think, "How can I find out their side?" I don't know law or what is within reason but I know I would find out who saw what and some stories. Whether it be friends posing as patrons and pointing out the bouncer mentioning how they saw him toss "Some dude" the other night. He may brag or what not. Also, I would find out if police have records of eye witness accounts, if not, why?? Ambulance, drunk guy out cold, seems like cops would be all over. Cameras? I would canvass the shit out of the area. An ATM may be your best friend (unlike most of college).

I would dig myself without doing too much to see what I really have ahead of me. While some may not be used in your case, you at least know if you should pursue or if you were a total jackhat that night.

What you find could be enough for a lawyer to take the case.

Thanks man. It's kind of hard to do 150 miles away, but I have some buddies who are gunna hit up the bar and try to talk to some bouncers and bartenders they know and see what happened.

My best guess: I was stumbling around, maybe knocked into someone and they either told the bouncer, or the bouncer saw it as I was "starting" something then tossed me out. I mean this is all speculation, but I am so certain that I did not hit or threaten anyone. If I did, that'd be a first in a bar situation. I don't do that stuff. But, I mean, there's a first time for everything.

I really don't think I have enough for a lawyer, I just hope the ambulance ride is covered by insurance.

Thanks man, take care.