bartender assaulted and damaged property

[jonjameson19]

While on bourbon st. before Mardi gras some friends and I were out drinking and we proceeded into Napoleans itch. I'm not much of a drinker I consumed half a beer and a few sips of daiquiri before we went into the bar. I went and sat down at a table because I was feeling nauseous while my friends approached the bar to order drinks. I had my Les Paul with me and set it against the table and sat down and laid my head on the table. A few seconds later I felt nauseated and began throwing up. Immediately upon throwing up the bartender ran over threw my guitar out the way, picked me up and threw me out the bar very violently and unnecessarily. As i stood up there was an NOPD officer and his only comment was go home after i tried to explain the situation. I was bruised and in pain several days after and my guitar has damage done to it. I broke no laws or acted in any unlawful way. What acts can be taken to seek justice for this malicious act and me compensated for my property damaged.

 

[army judge]

While on bourbon st. before Mardi gras some friends and I were out drinking and we proceeded into Napoleans itch. I'm not much of a drinker I consumed half a beer and a few sips of daiquiri before we went into the bar. I went and sat down at a table because I was feeling nauseous while my friends approached the bar to order drinks. I had my Les Paul with me and set it against the table and sat down and laid my head on the table. A few seconds later I felt nauseated and began throwing up. Immediately upon throwing up the bartender ran over threw my guitar out the way, picked me up and threw me out the bar very violently and unnecessarily. As i stood up there was an NOPD officer and his only comment was go home after i tried to explain the situation. I was bruised and in pain several days after and my guitar has damage done to it. I broke no laws or acted in any unlawful way. What acts can be taken to seek justice for this malicious act and me compensated for my property damaged.

You can hire a lawyer, and sue the bar's owner.

That'll cost you about $5,000 to get that ball rolling.

You can bring a small claims suit in Orleans Parish, and sue the bar's owner.

Your problem is proving what you say.

In NOLA, that's practically impossible.

You're also lucky you didn't get arrested for public intoxication.

Bottom line, you are stuck between a rock and a hard place.

 

[jonjameson19]

I also forgot to mention there's a bunch of people who witnessed it and there was two cameras inside and one out where I got thrown. I'm from here I just moved off of bourbon 3 weeks ago literally a block from the bar. It was my first time in that bar. The bartender is known by some of my friends and I not bringing the attention of the incident to the bar until I talk to a lawyer I don't want them erasing any videos before I can get a copy legally. Also the bar across the street Oz I'm well known at and liked and they have cameras outside and they wouldn't hesitate to give it if they managed to catch it. I can prove what happened I just wanna make sure it's worth going through all the trouble before I spend the money and time..

 

[jonjameson19]

It was a slow night only about 10 people in the bar 4 of which were with me and knew the bartender. The bartender didn't realize I was with them.

 

[mightymoose]

For someone who doesn't drink much you are surprisingly well known at the bars.
It does sound like you could have been arrested for public intoxication, but the bartender has no right to use force against you that way.
Your best bet is probably in small claims against the bartender for the value of damage to your property. If it is an insignificant amount it is probably not worth pursuing.
You won't likely ever see anything on camera, so hopefully your witnesses weren't too drunk.

 

[Betty3]

It "sounds like" you weren't injured by the bartender bad enough to have any medical bills & if your guitar wasn't damaged too badly, you "might" just want to pay yourself to have it fixed & not pursue this. This might not be worth pursuing as mightymoose noted but it's up to you.