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Hurt in a Restaurant, is there a case?

Discussion in 'Accidents, Injuries, Negligence' started by mjw50, Sep 18, 2005.

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  1. mjw50

    mjw50 Law Topic Starter New Member

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    Hello,

    I need advice if I should pursue this. I was at a restaurant and a scuffle broke out between my husband and a store manager. I was knocked to the floor by someone I could not see. Not my husband or the manager who were in front of me. I broke my arm.
    Do I have any grounds for a personal injury case against the restaurant?
     
  2. NYClex

    NYClex New Member

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    this is really not enough information to make an evaluation.

    Generally you might have two approaches for a claim: looking for fault in the manager's conduct and sue the restaurant under the doctrine of respondeat superior, or looking directly for fault of the restaurant which can be lack of security, negligent hiring of the staff etc etc.

    Since all this is heavily dependent on the details, one would have to know all of them.
     
  3. mjw50

    mjw50 Law Topic Starter New Member

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    Here is the entire scenario.

    We were at the Restaurant around 2:30 in the morning after celebrating my husbands birthday. I had not been drinking. Him and a friend were goofing around. My husband threw a crayon at him. (very childish, i know) The store manager told him to "pick the Fu*king crayon up or else he would be sorry." My husband said nothing and came back to our table and sat down. moments later the manager sat on the table next to him and said in an extremely deragatory tone that "you have two options, either pick the F-ing crayons up and leave or IM calling the police." Then he immediately started walking away. my husband got up and followed him, the manager slammed the kitchen door in his face. My husband pushed the door open where him and a cook got into a scuffle. I ran over and tried to calm them down. I was knocked over from my blind side by someone I did not see, (not my husband or the cook.) I landed and broke my arm. Police were called, I was taken to the hospital.
     

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