Can I take legal action against a restaurant for unjustly kicking me out and leading to an assault outside the restaurant?

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Can I take legal action against a restaurant for unjustly kicking me out and leading to an assault outside the restaurant?

My friends and I were assaulted by a group of individuals inside a fast food place. The manager kick all of us out even after we begged her to call the police. We stated we did not want to leave because the instigators would be waiting for us outside. We were trying to circumvent another altercation. Outside, the group of individuals again engaged us and ended up pushing and punching one of us. We did not touch them. We called the police and gave them our story. They spoke with a few of the others from the attacking group but no one was arrested. Can I take legal action against the restaurant?

Asked on August 1, 2012 under Personal Injury, Pennsylvania

Answers:

Andrew Goldberg

Answered 9 years ago | Contributor

Probably not and , unless you or one your companions was beat up badly, iti won't be worth it. A fast food restaurant does not have a legal duty to protect you or to provide security. To be successful, you have to prove that the restaurant had a legal duty to provide security, actually provided some level of security, and neglgently provided that level of security. A restaurant , generally, does not have legal duty to protect you against intentional, criminal actions of nonemployees. It's not like a Bar with Bouncers. Ver difficult case.


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