Hi folks,

My 24year old sister was assaulted in a nightclub last night, some random asshole came behind her, picked her up and smashed her onto the ground, fracturing her tailbone. She didn't even see the guy.
The manager of the club brought her to A&E.
Im absolutely raging about this, obviously I would like to pay the guy a visit, but thats unlikely to happen, im mad at the club too, for allowing such scum into the place, I would like to have this persued and hopefully get the guy charged and if the night club is anyway responsible make them accountable aswell. Have you guys any advice or suggestions as regards what can be done, what the next sensible step should be or is the club in anyway liable for what happened?

Obviously, I am thinking on behalf of my sister any it would be her who would be taking any action but she is in too much pain and too drugged up at the moment to think about things.

[Miss Fluff]

First things first I'd be getting a copy of the CCTV footage from that night and filing a report with the Gardai

[gud4u]

As above says......Ouch to the fracture, been there on that one and it ain't pleasent, cocyx fractures are very painful and can have lasting problems. Not saying she will of course.

She needs to document everything, her medical bills, appointments and any time missed from work.

I say this as I didn't do anything when I broke mine as I didn't want to be causing trouble, well I should have as there was definate neglect with what happened me.

I'm sure the premises has public liability for such incidents. Even if there's no prosecution at least get her health sorted. Hopefull there's cctv footage where it happened.

[gerryk]

Originally Posted by gud4u

I'm sure the premises has public liability for such incidents.

Pretty sure this would be a condition of their license. Also, depending on whether the security is internal or via contract, the security personnel may also have PL insurance.

I am not in favour of groundless litigation, but where injury, medical bills and possible long-term issues are a reality, that's exactly what PL insurance is for.

[Plek Trum]

Contact the Gardai and log the incident immediately. They willl be able to request a copy of the CCTV from the club and also a copy of the incident report which the club should have completed.

Log all dates, times, names of all people and appointments you have to meet in chronological order.

Log all time off work as a result of the injury and also find a copy of most recent payslip to confirm wages that would have been due in this period.

Its awful when businesses suffer because of the reckless and downright stupid behaviour of people, but unfortnately this is what happens and what PL Insurance is for.

It was very decent of the Manager of the club to personally accompany her to A&E so try and approach it in a friendly manner and keep the lines of communication open. He / she sounds like a decent person about the whole thing so try and keep that in mind. Best of luck to your sister, hope she recovers soon.

PS - I'd be pushing the route with the Gardai to actually find and arrest the person responsible for the incident. Its a reckless stupid thing to do and the results could have been FAR worse. They should be taken to court,charged with assault and made take responsibility for their actions.

OP back again,

thanks for the replys and advice folks, it turns out the asshole did the same stupid thing to two other girls that night before he was kicked out, I don't know if they were hurt though.
After having a CT scan it appears she has broken two vertebrae and cracked her pelvis, not nice but it should heal with time.

From what I know, video evidence has been submitted and her friends would be able to identify the guy, also the night club staff know who he is, therefore I would assume it would be easy for the guards to charge him.
My question now is, what realistically could can be done with this chap? Im not confident real justice would be done, but can he be easily be charged with assault/GBH and actually do time, rather than a judge telling him he is a naughty boy and letting him off with a suspended sentence?

Also, the matter of making a personal claim for damages, I would like to hit this guy where it really hurts, in his pocket. I would have no issue with seeing this fool taken to the cleaners, could a successful personal claim be made against him?
I am assuming he is some local loser from the town who is probably out of a job or not up to much with ideas about going abroad for work, it would be very satisfying to see his hopes dashed because of a conviction.

I can't describe how much I would like to see this guy suffer.

[doyle61]

Well as has been said already go to the Garda and make an official complaint. I wouldn't be surprised if he's already "known" to them. The fact from what you describe is assault causing actual harm so the Garda would have to take it seriously. After making an official complaint ild then get in contact with a good solicitor and take things from there but defenetly go to Garda first.
Hope your sisters doing better by the way

[Logical Fallacy]

While i understand why you are so pissed off i would suggest chatting to your sister and finding out what she wants to do?

Originally Posted by Logical Fallacy

While i understand why you are so pissed off i would suggest chatting to your sister and finding out what she wants to do?

Obviously......, it would be her pressing charges and instructing what is to be done, I'm just trying to find out the options and possible consequences so she can be better informed.

[gud4u]

It would go a long way to getting a conviction if those other girls came forward and they all pressed charges, to think he has done this to others.....the rotten effer...

The force it would have taken to cause that amount of damage to your sister, God, I'm just fuming...with similar injuries I can safely say, time will heal her bones, but she may be left with some aches from time to time.

On the note of claiming injuries from the guy, it sounds like he won't have much to offer and you can't claim off someone who has nothing or no insurance....correct me if i'm wrong people...but I know of a man locally who was pursued for personal damages and put all his assets into his wifes name to avoid paying out(but I think that's not allowed anymore).

Either way, a conviction will have him denied a visa anywhere it's needed, but if you think he's going to do a runner maybe inform the gaurds, but that's all you/your sister can do, it's up to the legal system to retain his passport.

[P. Breathnach]

Originally Posted by OP again

... also the night club staff know who he is ...

Worth checking a little more: if they know him as a troublemaker, they might have some responsibility for letting him in and not keeping a close eye on the situation.

[Logical Fallacy]

Originally Posted by OP again

Obviously......

Not really "obviously", all you have done is express what you want to do in this thread, how you would like to see the guy financially hurt etc, how you think he is a scumbag and you have gone on at length the various assumptions you have made about the guy who committed the assault.

It's common enough for people to turn an assault on a family member into their own private crusade...was just making sure you were remember who the actual victim was.

If you want proper legal advice, then seek it from a solicitor.

[username123]

Originally Posted by gud4u

The force it would have taken to cause that amount of damage to your sister, God, I'm just fuming...with similar injuries I can safely say, time will heal her bones, but she may be left with some aches from time to time.

Your sister will need to seek both medical and legal advice. The nature of these injuries could mean future problems of a greater or lesser extent so its important that all of this is quantified when suing the guy.

Originally Posted by Logical Fallacy

Not really "obviously", all you have done is express what you want to do in this thread, how you would like to see the guy financially hurt etc, how you think he is a scumbag and you have gone on at length the various assumptions you have made about the guy who committed the assault.

It's common enough for people to turn an assault on a family member into their own private crusade...was just making sure you were remember who the actual victim was.

If you want proper legal advice, then seek it from a solicitor.

If you look at the last sentence of the original post, it is obvious.

[Taltos]

OP

as at this point the best advice you can receive on this is both medical and legal we are closing this thread.
No-one here is qualified to help more than they already have. As your sister may go the legal route then the only thing we can do here is close this to ensure we do not prejudice any proceedings that may result.

May we wish both you and your sister all the best with this. We really do wish it works out for you both.

Taltos