New York premises liability lawyer educates on premises liability laws in New York State. New York City, New York (NewYorkInjuryNews.com) — New York can be a tough city. It is easy for a simple disagreement to get blown out of proportion and turn into physical violence. Many of us at one point in our lives have been lured into a confrontation with another who has insulted and perhaps even threatened us harm. On the other hand, discretion really is the better part of valor. Clearly de-escalating a situation is the better approach -but many times that does not happen and we are left looking to our Courts for justice.
Mike (not his real name), a 34-year old man found himself in one such situation where a minor argument quickly became a physical altercation. Mike was a chauffer employed by a limousine company. During what was supposed to be a routine workday, he was picking up a passenger outside one of Manhattan’s luxury hotels and stopped his vehicle in a no-standing zone. As is standard practice, after 10 minutes in the no-standing zone, the doorman followed hotel procedures and told Mike to circle around the block. Mike did so and returned to the front of the hotel. Once again, after another 10 minutes, the doorman came outside and asked Mike to keep moving. A series of exchanges escalated into an aggressive verbal argument, which then ended in fisticuffs.
Witnesses reported seeing the doorman place a metal object, perhaps a roll of quarters, into his hand prior to striking Mike. Mike wound up with multiple skull fractures around his eyes, cheeks, nasal bones and suffered permanent nerve damage and numbness on the left side of his face.
The doorman and the hotel were sued for Mike’s injuries and pain and suffering. While the doorman claimed he was acting in self-defense, the jury did not believe it and neither did the judge who denied the hotel from being separated from this liability case because it claimed the doorman was not acting within his scope of his employment. Mike was awarded money damages for his trauma and medical bills but surely he would rather have his health back.
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