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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38072
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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After just getting into a cafe in New Jersey last night our

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After just getting into a cafe in New Jersey last night our son has been attacked by a group of men there and has suffered facial and eye damages that required operations in a hospital. The local police has filed a report but is just too busy to look for the perpetrators. Besides physical and moral damages someone would now need to pay for the performed and future medical services.
Please, advise what actions are need to be taken.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a licensed New Jersey professional. Please allow me to assist you if I can.

I am genuinely sorry to hear that your son was attacked, and I truly hope that he will be all right once he has time to heal. Does he know who attacked him? Do the police have any leads?
Customer: replied 1 year ago.
Unfortunately I have limited information. It is my understanding that when After Police arrived they did some videotaping which they will be reviewing. Because of my son's condition, he just wanted to get home so that his friend could bring him to a hospital. He did not want to use ambulance because of its future cost/billing. He has signed a waiver at the Police's request. He also thinks that the Police will have good understanding of what has happened after their review of the inside tapes. It is also my understanding that because of my son's condition and the large cloud he did not want to press charges on the spot, just wanted to get home. He was absolutely sober at the time of the incident.
At this time he is still under an influence of the medication and I cannot get more in detailed information from him.
Customer: replied 1 year ago.
When should I expect the response?
Expert:  Dimitry K., Esq. replied 1 year ago.
Simon,

Thank you for your follow-up. DId you receive my response? If not, please advise and I will repost.
Customer: replied 1 year ago.
No, I have not received it
Expert:  Dimitry K., Esq. replied 1 year ago.

Simon,

Sorry about that, please allow me to repost:

I am genuinely sorry to hear your son was injured. However until you know more, there is very limited option here. For example, since your son was injured by a particular person or group, that person or group has to be civilly pursued in court for damages and injuries, as well as potentially criminally charged. If you or your son do not yet know who that is, there is as yet no cause of action unless someone or something else somehow was related to your son's injuries. The cafe is likely not liable if this was done outside their doors and not by any of their employees. Similarly, the police are also not liable here as they did not cause the injuries. Your son must find these people as otherwise there is as yet no direct cause of action.

Hope that helps.

Customer: replied 1 year ago.
The incident has happened inside the cafe/bar. Is it liable for it?
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Simon.

The fact the assault happened in a cafe does not necessarily make the cafe liable for the assault. For example, if these were strangers who burst into the cafe and assaulted your son, the cafe location had nothing to do with the assault which would not make them liable. The cafe did not harm your son, he just happened to be there when he was hurt.

On the other hand, as I pointed out above, if these were cafe employees, then via a doctrine of 'respondiat superior' the cafe could be liable for the bad acts of their employees. Similarly, if the cafe knew of past assaults in the area and did not take any reasonable steps to protect their property which permitted these people to burst in, there might be partial negligence and liability on part of the cafe.


Until you know more it is as yet tough to point blame beyond the parties who threw the punches. This is why an investigation is important and interviewing witnesses so as to first figure out what happened, why, an who may be responsible.

Hope that clarifies.

Customer: replied 1 year ago.

Thank you. So, back to my original question: what are the actions to take (file claim in the police, hire an attorney, etc)?

Expert:  Dimitry K., Esq. replied 1 year ago.

Simon,

The best action right now is to keep in touch with the police, pressure them to pursue an investigation, and if you additional resources, retain a private investigator to assist the police. Until you know who was responsible, working via the police is the best and most cost-effective approach.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38072
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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