Legal Question in Personal Injury in District of Columbia
Permanent Injury for an Assault
My husband was in Washington, DC last week and while in a very ritzy, high class club, he was attacked by a stranger. The man attacked him with a glass from the bar, causing my husband 150 stitches and the loss of all the nerves and muscles in his right eyebrow. His eye sight is o.k. but the scar will be huge. The injury cut out the entire right temple area. It could have been life threatening. The club had 2 bouncers on paid staff. The bouncers did nothing and the bar never called the police or ambulance. My husband had to call himself only before passing out on the sidewalk. I know we have a case but I was wondering what the laws were in the Disrict of Columbia as opposed to anywhere else because it is federal. Any advice on how to begin this process? My husband will have the scar forever and is in a very high profile business position. Also, he will never regain the movement in his eyebrow. Thank you.
5 Answers from Attorneys
Re: Permanent Injury for an Assault
In addition to the information already provided, be aware that the club's potential liabiity will most certainly depend on the ability to prove the club served an obviously intoxicated patron. These cases are very fact oriented and "one size does not fit all".
Re: Permanent Injury for an Assault
The personal injury laws in D.C. are based on District of Columbia common law and statutory law, as it relates to injuries caused by private citizens or entities, rather than the U.S. government. So, in your husband's case, the "federal" nature of D.C. does not effect his case. The important question to explore in your huband's case is whether liability for his injuries, resulting from an intentional act - or tort - by a customer of the establishment can result in liability against the establishment. That is a very fact intensive inquiry, and will require investigation into all aspects of the case.
The best way for you to get started is to consult with an attorney experienced in D.C. personal injury law. That attorney will help you conduct that investigation and provide you an opinion on your chances of obtaining a recovery.
Jay P. Holland
Joseph, Greenwald & Laake, P.A.
301-220-2200
Re: Permanent Injury for an Assault
D.C.Code � 25-121 provides that "no person being the holder of (an alcoholic beverage) license . . . shall permit on the licensed premises . . . the consumption of any beverages by any intoxicated person . . . or any person who appears to be intoxicated." It is settled law in this court that "violation of an ordinance intended to promote safety" can give rise to a negligence action. Thus, there is also a possible action for negligence in failing to provide adequate response and security. The court process would begin with the filing of an appropriate complaint in court. We are licensed in both Illinois and D.C. Please feel free to contact us with further questions or inquiries. Thank you.
Re: Permanent Injury for an Assault
The Court of Appeals in the District of Columbia has held that that it is a violation of Alcoholic Beverage Control Act to serve a person already intoxicated or apparently intoxicated rendered tavern keeper negligent per se, and where injuries are proximately caused to members of public by violation tavern keeper could be liable in damages.
I practice in the District of Columbia for just these types of cases.
Re: Permanent Injury for an Assault
In addition to the possible liability of the club,which other counsel have already amply and correctly commented upon, focus should, also, not be lost upon this egregious tortfeasor and criminal himself whom it may be possible to track down, using the services of a skilled investigator, in order to bring him into the dock on the apropriate criminal and civil charges.(If he was a guest at this "very ritzy high class club", as you termed it, it's conceivable that he might even have substantial assets which could be targeted in any civil suit which you might bring.)
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