You Got Hurt in a Waffle House Fight–Now What?

First, and most importantly, we are sorry you had to go through that. Being in a fight, especially in a public place like a Waffle House, can be scary and confusing. It can be hard to think straight, and you might not know what to do next.

This guide is here to help you understand your legal options and give you a simple, step-by-step plan for what to do right now. We believe that regular people deserve justice, and we are here to help you get it.

Should You Sue the Attacker or Sue the Business?

When you get hurt in a fight, there are two different legal paths you might take to get paid for your medical bills and other costs. It’s like having two different doors to walk through. You can go through one, or sometimes both.

The first door is suing the person who hurt you. In legal terms, this is called an “intentional tort” or “assault and battery.” This is a civil lawsuit that is completely separate from any criminal charges the police might file against the person.¹ While a criminal case is about punishing the person with jail time or fines, your civil case is just about getting money to cover your injuries.² The good news is that it is often much easier to win a civil case than it is for a prosecutor to win a criminal case. You just have to show that it is more likely than not that the person hurt you.¹

The second (and usually the better option) door is to file a claim against the Waffle House.  This is called a “premises liability” claim.⁶ This means you are holding the business responsible for your injuries because they failed to keep you safe.⁶

You might be thinking, “But I got hurt by another person, not by the Waffle House!” That’s a great question, and it gets to the heart of the matter.  Plus, let’s be honest, most people do not have enough money in their bank account to pay out for the legal damages they cause.  So how do you win a case against someone who caused you physical injuries at a Waffle House?

In most states, including Tennessee, business owners have a legal duty to keep their property reasonably safe for customers.⁶ You can think of it like this: If a good host invites you into their home, they have a responsibility to make sure you don’t get hurt. Similarly, when a business like Waffle House invites customers, they have to take reasonable steps to protect them from things the business owner knows could happen.⁶ This is especially true if there have been fights or other crimes in that specific location before.⁸

If the Waffle House was aware of a risk for violence but failed to do anything about it—like not having a security guard for a late-night shift when they knew fights were common, or not having good lighting in the parking lot—you can argue that they were “negligent“.⁸ In this situation, the business could be held responsible for your injuries, even though it was another person who hurt you.⁸

Here’s the thing: It is often much easier to get paid by a big company like Waffle House because they have insurance and money. The person who hurt you might not have any money at all, which makes it very hard to collect the money you are owed, even if you win your lawsuit.³

The “50% Rule” You Need to Know

Tennessee has a rule called “modified comparative negligence”.⁷ It is sometimes called the “50% rule.” This rule is super important because the Waffle House lawyers will try to use it against you.¹⁰

Here’s how it works: If a jury or a judge decides that you were 50% or more to blame for your own injuries, you will not be able to get any money at all.¹⁰

For example, if the jury says you are 40% at fault and the Waffle House is 60% at fault, you can still get money, but the amount will be reduced by your 40% share.⁷ This is why it is so important to follow the steps below. The Waffle House lawyers will try to say you started the fight, were acting carelessly, or were intoxicated.¹⁰ Following these steps helps you prove your side of the story.

Your 5-Step Action Plan: What to Do Right Now

This list is your immediate game plan. The sooner you act, the stronger your legal case will be.

Step 1: Get Medical Help Immediately

Even if you think your injuries are minor, see a doctor or go to a hospital right away.⁶ This is important for two big reasons:

1. Your Health: Some injuries, like concussions, might not show symptoms right away. A doctor can check for things you can’t see.  Imaging, like X-rays or CAT scans, is also vital to properly diagnose injuries.
2. Your Case: Your medical records are the best proof of your injuries.⁴ They connect your harm directly to the fight.¹¹ If you wait, the Waffle House lawyers might argue that your injuries weren’t that bad or that they were caused by something else.⁴

Step 2: Collect All the Evidence You Can

Evidence can disappear quickly. If you are safe and it’s possible to do so, document everything with your phone.⁴

• Take photos and videos of your injuries, like cuts, bruises, and swelling.⁴
• Take pictures of the fight location. Look for things like poor lighting or anything else that looks unsafe.¹¹
• Get the names and phone numbers of anyone who saw what happened.⁴

Step 3: Tell the Waffle House Manager

Find the manager and make sure they know about the incident. Ask them to fill out a formal incident report.¹² This creates an official record that the business was aware of the event, which is a key part of your legal case.¹²

Step 4: Contact the Police

Call the police and ask them to come to the scene to file a police report.¹³ A police report documents the event, providing a verified account of what occurred.¹ This official report can serve as a key piece of evidence in a civil lawsuit, corroborating witness statements and the victim’s own account of the events.¹

Step 5: Call A Personal Injury Lawyer

This is the most important step.⁵ In Tennessee, you only have one year from the date of the injury to file a personal injury lawsuit.¹⁰ That might sound like a long time, but it’s one of the shortest deadlines in the entire country.¹⁰

More importantly, evidence like surveillance camera footage and witness memories can disappear rapidly.¹⁰ An experienced lawyer can act as a “preservation agent,” immediately taking steps to secure this evidence, a service the victim cannot perform on their own.

When you call a lawyer, you are not committing to anything. Most personal injury lawyers, like us, offer a free consultation.⁵ We will listen to your story, answer your questions, and explain your legal options at no cost to you.¹⁵

Get Justice. Let’s Talk.

At Weir & Kestner Injury Lawyers, we are real people helping real people get justice after they have been injured. Don’t wait. Call us today for a free consultation. We’ll help you figure out your best path forward.

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