Assault & Battery how can hitting someone be considered harrassment?

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quuen

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I was at my pool club when a young lady came up to me and punched me in my face after threathening to hit me. I tried to use self defense to protect myself, however she was fairly larger than I. She hit me numerous times in the head and back and would not let go of my hair. Even when a lifeguard tried to separate her from me she refused to let go of my hair and even kicked me in the stomach while holding my hair. I called the police and when they came they told me they could not arrest her because it was not considered assualt unless I have physical injuries that they could see. They said a report would be filed as harrassment. I live in New York. I am 23 years old and I only found out later that the girl was only 16. How can it be that if there are many witnesses saying that she hit me and even she herself admitted hitting me that she would not be arrested.
Can I sue her for assualt even though the police called it harrassment only?
Is it worth going to court and pressing some kind of charges?
Can I sue the pool club for letting her in considering she is a minor and there is not supposed to be more than 3 children to an adult and the group she came in with had about 5 or 6 minors and only one adult?
Please tell me where I stand. Thank you for your time
 
I would go to the police and report the assault. Go with names of people who viewed the assault. File a complaint first with the pool club. Obtain copies or written receipts/numbers for your complaints.

I doubt you'll be able to get significant damages for your injuries -- if they aren't visible, what are they worth? Emotional damage? Perhaps, but the cost of bringing suit might be too high and damages minimal. However, by filing complaints now it could protect your interests should something else happen to you by or through her.
 
The police were called to the premises when this assault occured. The police questioned the girl and she admitted to them that she hit me. They would not arrest her because I had no physical visual injuries. All reports with the pool club were filed.
My concern is that my 5 year old son had to witness this assault and has been some what tramatized by it. As well as my 14 year old niece. My concern is that the police would not proceed with anything and just told me all I could do is take her to court.
I know that I will probably not get anything out of taking her to court considering she is a minor.
Can I sue the pool club? Lack of security? Letting in 6 minors with only 1 adult when the policy is normally not more than 3 minors per 1 adult. No coordination when this assault took place?
Not one person blew a whistle to notify anyone else. The manager was no where to be found.
 
Again... what are your damages? That your kid saw an attack that left no physical damages?

Let me tweak the question a little... if you got angry and slapped someone in front of their kid in a similar fashion, leaving no physical damages, what do you think you should pay? Give me a dollar figure.
 
I can not say because i would never do something like that. But if i had flat out assaulted someone, i think they would be owed compensation especially if their child had to witness it. But my main question is will going after the pool club get me anything? im not looking for money from the pool club more like some free membership for a few years.
 
My point with regard to compensation was what would YOU think you should owe out of YOUR pocket? What compensation? If you were the pool club owner, do you think having an extra adult would have made all the difference? After all, it was a lady who just, out of the blue, hit you and another adult wouldn't have made a difference with regard to adults.

Personally, I think that the connection is tenuous. Would the pool club give you something? Perhaps, but why would they give you several years worth of free memberships? You can ask... but you might not like the response.

Do you think that you should be liable to pay $1,000 for an injury that didn't even show a mark? How about if you were only the person that owned the premises and the aggressor wasn't even your own employee? Would you still feel you should pay that much or would you feel that you are being taken advantage?
 
If I assaulted someone like that I feel that I should come out of my pocket, injuries or not, and give them money. It wasnt just one hit or two is was continuous.
As far as another adult being there, if a parent had been there than maybe she would not have been inclined to go beating on people.
Im not saying that the pool is responsible for her actions, but they are responsible for not doing anything to prevent or stop it. They didnt even have the common sense to keep her from leaving the pool area until the cops arrived.
I feel that when I pay for my membership 1100 dollars a season, I expect to be able to relax and enjoy my summer not getting assaulted by the garbage that comes walking in off the street.
 
My question still stands... WHAT should come out of your pocket for these injuries? $50? $100 fine? There were no marks or sign of injury so how serious of an impact could it have been? Is there a psychological impact? Yes... I don't disagree with you. But perhaps the more appropriate punishment would be for the woman to have her membership canceled. I'm not diminishing the psychological impact but I think my point about what the appropriate fine would be is important -- especially if you go to court they'll ask you the same thing! If you want a judge to set the amount, the judge will likely award you a nominal amount and tell you to deal with it.
 
I would be happy with a thousand dollars. I did have back pain for 3 days following. Why should my health insurance company be responsible for paying for my doctor visit? or my pain medication?
She isnt a member. She came in as a public guest. And should not have been let in at all considering her family had a problem with another pool member last year.
 
If so, then it is a small claims matter and you can certainly sue the guest and/or the pool club there. I would be surprised if liability were found on behalf of the club but you can always try. Believe me, I'm with you that this woman should be punished and perhaps it's worth the filing fee to find out. However, be prepared to prove your case and provide witnessess or written documentation from the club.
 
Thank you thats exactly what I needed to know. I do have written documentation from the pool club signed by lifeguards that witnessed the situation. I assume that if I win a case against the girl then I can proceed against the pool club. Considering the girl is a minor and probably has no income, if a judgement is put against her, how long is that judgement good for? Or can her parents be responsible for the judgement?
 
You can proceed against the girl and the pool club at the same time too. Consolidating the cases into one case would make it simple. If you don't settle with the club, which you should speak to before you file suit against them -- remember, your membership could become unpleasant -- then you might need to use a subpoena to compel witnesses to come to court.

The girl might not have income although your judgment, if you receive one, will be good for a long time (varies between states, I think New York it's good for 20 years.) I do not believe that the girl's parents would be responsible for the judgment.
 
As far as notifying the pool club i am sending out this letter
7/30/02
To Whom It May Concern,
My name is *****. I am a member of the Fairview pool club. As you are aware of the incident which occurred on 06/30/02, in which I was assaulted by a walk in guest, *****, of the pool. I sustained injuries to my upper back, which caused me pain and warranted a doctor's visit and pain medication. My 5 year old son was traumatized by what he witnessed, as was my 14 year old niece. As per your "general" rules, no more than 3 children are allowed to enter the pool with 1 adult. As you already know, the group that Ms. *** came in with was a total of 5 children and only 1 adult. During the assault only one lifeguard tried to stop it. No whistles were blown. Nothing was done to notify anyone else of what was taking place. I am writing to let you know that I am planning on filing a claim in court. I am providing the opportunity to resolve this matter with Fairview before taking legal action. If Fairview would like to resolve this matter outside of court, you may contact me at (***) ***-**** , or you may write to me at (insert address here). If I do not hear anything from Fairview within 2 weeks of receipt of this letter, on or about 8/16/02, I will assume that Fairview is not interested in resolving this matter outside of court and will proceed to file a claim against Fairview in court.
 
oops

I wanted to get your opinion on the letter...Thanks for your time.
 
As a person reading the letter:

1) You haven't said what damages there were to you and what you are seeking. Without it, I would think you are another person looking for an unwarranted payout and hope that they'll just make an offer of some indeterminate sum. Not likely.

2) You may not wish to bring up court in your first letter. The point is to try to bring about a settlement with the potential for bringing someone to court if you cannot make a mutual agreement.

Just my thoughts.
 
just an update

Hello just wanted to let you know whats been going on and am in need of some more great advice. I am still trying to come to a settlement agreement with the pool clubs insurance company. Its pool season again and I have been waiting for my membership application. Instead I received a letter requesting my signature that stated that I understand the rules and if i violate them i can lose my membership and thats fine. However the third paragraph stated: " I admit that I violated the pool rules during the 2002 pool season". Can they really deny me membership if I do not sign this. It seems like they are trying to take away my constitutional right to sue them. If I sign something like this it basically throws my settlement with the insurance company in the garbage. Where do I stand? Thanks again for your time and brilliant mind.
 
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