Can a DJ seek compensation for being attacked while performing?

UPDATED: Oct 1, 2022

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Can a DJ seek compensation for being attacked while performing?

I’m a DJ and I was attacked in mid-performance while working at a club. All of my equipment was stolen by a gang of 6 that physically attacked and I had to go to the hospital to address the injuries. In addition, I know the attackers as

another DJ group that works at the same club. Although the club has security,

they were completely absent from the DJ booth area during the attack and allowed the group that assaulted me to exit the club holding my equipment uninterrupted. Do I have any recourse from either the club or the organization that hired me to at least replace my equipment?

Asked on July 10, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your recourse is against the DJ group which attacked you, and since you know who they are, you can do either or both of filing a police report and pressing charges, or else suing them for the value of your equipment. As the ones who attacked you, they are liable.
The club or hiring organization are most likely not liable for you loss. One person (or organization, business, etc.) is not liable for the criminal actions of another person or group of persons except in very exceptional circumstances. You would have to sue them and show that the security was wholly unreasonable for a venue and activity/event such as they were having, and that could be difficult to do: for example, if they were dealing with another situation at the time, they did nothing wrong--there's a limit on what any reasonable level or amount of security can do at once; or if it looked like it was safer for their customers to let the other group exit than start a potentially large fight or melee, then they did the right thing. Showing security acted unreasonably may be difficult--sue (or press charges against) the attackers instead.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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