NSW King Hit by Security

[Tom C.]

Hi

I was asked to leave a hotel for smoking in an area where you cannot smoke after a certain time. the guard got aggressive with me and asked me to leave as he grabbed my arm I flicked it away and told him to not touch me, I started to walk towards the exit and he pushed me in the back, I turned and told him to keep his hands off me then I remember waking up on the floor, I recall what felt like hours later yelling at someone for hitting me then woke up at home the next morning. I recall everything up to a certain point but then nothing.

I spoke with the hotel and was told that he had king hit me in the jaw when we were talking and it did not look good for him.

The hotel stated that when I came to I went into a rage when outside and broke some windows with some sort of piece of metal which I do not recall, they have stated to the police that it was a 'metal pole weapon'

I am meeting with hotel licensee after speaking to him and he has told me I should push charges and seek legal advice on this and that he has saved the footage if I need to summons it, he said the police are involved but I did offer to pay for the damages which he was happy with and will not involve the police further

I spoke to the security company and they were not happy and said someone senior will call back, they will not take my calls now or return them and when I got through today they said the police are investigating this and we cannot speak to you.

That guard has left me with a serious concussion and the knock on affect for me has been bad

I guess my question is, will I be charged, will the guard be charged..? I feel like I have just been brushed off

what should I do

 

[Scruff]

A lot of serious issues there. My advice is to get a lawyer.

It doesn't matter if the hotel is being cooperative now - the big question is, did they bother to call an ambulance when you were clearly knocked unconscious on their premises by someone who at the time, was effectively in their employ?

Next question: Did you go to the hospital or see a doctor at any point? If not, it might be an up hill battle to claim any ongoing effects from concussion.

In regard to the king hit - you should report that to the Police yourself.

In regard to the security company - you should not contact them at all under any circumstances. Have a lawyer handle all of that, because you may have grounds for a civil suit against them and/or the hotel regardless of any action taken by the Police.

In regard to the windows, I'd be very surprised if you were charged because you were obviously impaired by the king hit. If there is video showing that you were knocked unconscious, then the chance of getting a conviction for what you did afterwards would be buckley's.

(And yes, I have been concussed a few times, but while playing sport. The worst time was years ago in the middle of the day and I've never been able to remember any of it - far worse than any alcohol fuelled blackout! (I had a couple of those in my younger days too!) From what I've been told though, for more than a day, I didn't recognise anyone, didn't know who I was and didn't know where I was. Apparently I was asking what happened every few minutes because I had no memory at all. Through most of the night at the hospital, I kept trying to leave - and this was still going on more than 12 hours later. The staff ended up having to call security and eventually, they had no choice but to sedate me. I was finally released after two days and all these years later, there's still around 36 hours that's a total blank.

The point of this little story, is that I was told about all of these things that I did, but I don't remember any of it - it's as if they're stories about someone else entirely. With concussion like that, you don't have any control at all over what you're doing. You're basically a blank slate with no knowledge or memory - and not capable of making any sound decisions whatsoever.)

 

[Tim W]

The publican only cares that you don't sue him.
Forget about anyone getting prosecuted.

But, an action for battery against the trained ape's employer? Maybe.
I agree, get yourself a lawyer.

 

[Ozwarlock67]

As a licenced security guard, the training courses drum into you repeatedly the fine line between restraint and assault. You may not have been an angel, but the guard overstepped the mark by a long way.

Let us know how you get on.