Texas Intentional Torts, Assaults and other Bad Acts

I was violently assaulted at a night club; can I bring a claim against the person who assaulted me, or the night club?

People who commit intentional actions such as assaults are liable for damages due to such bad actions under Texas law.  An assault can constitute not only a physical beating, but even a threat if the person threatened legitimately and reasonably fears that the threat may be acted on.  However, it can be difficult to bring a successful suit for an assault for two simple reasons: 1. as offended and legitimately injured as you may feel, unless you are seriously injured, you may not have damages sufficient to justify hiring an attorney and bringing a case; and 2. even if you do have serious injuries, the person who assaulted you may not have assets sufficient to pay any judgment you might receive against them in court. 

Of course, there are criminal penalties for assault as well, but while this may satisfy some of your retributive impulses, it will not help obtain any monetary compensation for your injuries.  Also, in order to successfully bring a civil suit or to have a chance of criminal prosecution being brought against a wrongdoer, the police should have been called to the scene, and preferably an arrest will have been made.  If law enforcement were not summoned to the scene of the incident, or if no arrest was made, it is very unlikely that criminal charges will be pressed, and it makes it difficult to pursue a civil suit as well—since it becomes a case of “he said/she said,” or your word against the other individual’s regarding who started the altercation.

Another option, then, could be to try to sue the night club owner or other premises owner where the assault took place.  While a night club or other venue is not going to be held responsible for the tort of one of their patrons,  they may have a duty to provide increased security if they are aware of an increased danger of violent crimes occurring in or near their establishment.  However, this requires actual evidence of that knowledge.  For example, if there have been repeated violent episodes by a certain group that frequents a certain club; or if there has been a violent crime wave at an apartment complex, where the incidence of violent crime at the apartment complex greatly exceeds that in the surrounding area.  In such a case, it would also have to be shown that the premises owner did not take sufficient measures to address the dangerous condition of repeated violence—the mere fact that you were assaulted is not enough.  If the premises owner has beefed up security, or installed new security cameras, that may be sufficient to show that they have tried to do something about the uptick in violence on their premises, although that could still be contested if it has not had measurable effects.

The upshot is that the Texas Supreme Court has greatly restricted the duty of premises owners to provide increased security.  This can make it very difficult to recover damages from a property owner for an assault perpetrated against you on their property, depending on the facts of the case.  Regardless, it is advisable to consult an  Austin Texas assault lawyer to evaluate your rights and understand the best course of action.