My son after a bar closing was attacked. He was standing outside talking to the owner when a guy come up reached around and smashed a broken mug into his neck and face. All his medical bills were covered under the victims assist program. They were suppose to take him to court told us he would receive 10 years or more. Over a year later they call and say people couldn't remember didn't want to get involved. Even the owner changed his story and said it was just a bar fight. Found out him and the guy who attacked my son have known each other for years. He still needs plastic surgery for the scares and for months afterwards glass would still come out of his face. What can we do at this point if anything. Thanks

How long ago did this happen? I investigate bar fights on a fairly regular basis.

If the bar owner had nothing to do with the attack you cannot sue him - if he "overserved" the attacker you can sue the bar but it's a difficult case to prove.

If you sue the attacker and win does he have the funds to pay the Judgment against him?

The best person to ask is an Attorney, of course.

You can sue the person who attacked him

you can sue the person who attacked him


Yes, certainly, you can sue anybody for anything - but the question will be whether it's worth it. If the attacker has no assets, if this is an unintentional injury (hard to believe but I've seen that reasoning prevail), well, then it's not worth it.

We are in agreement, just stated it in different words.

Hello d:

All business's owe their customers a reasonable expectation of security. If it can be shown that the bar owner could have reasonably expected violence in his establishment, and did NOTHING about it, or didn't do enough, he CAN be held liable.

Whether that's the case here remains to be seen. I'm just suggesting that the bar owner, in addition to the perp, CAN be sued. Certainly, you need to visit with an attorney.

excon

Negligence - doing something you shouldn't have done (over serving); not doing something you should have done (more security) - are issues here against the bar owner. I investigated a lawsuit where security threw a man out of the bar and he attacked (literally) the first person he saw, thinking that person had been in the bar (he had not) and the bar owner lost.

Again - it's going to boil down to insurance, liability, assets.

Did this guy ever go to trial for attacking your son? If more surgery is needed hasn't anyone contacted victim assist program for the money?

Have you gone to any attorney to discuss this matter? The bar owner and the bar could be sued over this incident if it happened on the premises. It may or may not be taken by the attorney on a contingency basis. If no contingency basis, then it will cost plenty to bring to trial. Also, if the bar owner is now claiming it was just a bar fight - were the police called in and a police report taken of this attack? Were photos taken of the scene and your son's injuries at the time of the incident or shortly thereafter?