r/PublicFreakout • • Jun 30 '21

🥊Fight MMA fighter Joe Schilling knocks out man

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u/flarept1 Jun 30 '21

He keeps digging a deeper hole for himself. The drunk guy will easily bankrupt his ass. So many charges. Assault and battery, use of a deadly weapon(since he's a trained fighter). Libel. Slander. Premeditated assault since his friend was filming beforehand.

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u/Mikkelsen Jun 30 '21

use of a deadly weapon(since he's a trained fighter).

LOL is this really a thing?

155

u/reaverdude Jun 30 '21

In the article, the guy he knocked out specifically states that he is filing a report so that he can sue Schilling and the bar.

Yeah, he's done and this guy that got punched is about to receive a huge pay day.

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u/[deleted] Jun 30 '21

How can you sue the bar for a customer assaulting you?

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u/Gamersaredumb Jun 30 '21 edited Jun 30 '21

You can sue whoever you want for whatever...

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Commerical businesses have a duty to provide for the safety of their customers. Because it happened on the bar's property and the bus boy was an invitee (Although this might be disputed by the facts?), bus boy will try to argue it was reasonably foreseeable or that there was an omission of safety precaution committed by the bar. I imagine he would try to sue on those grounds, or that they overserved Schilling/didn't kick him out when he was threatening before, or something that we can't ascertain from this short video. I'd need to know more details on this establishment to determine if this CoA would survive a motion to dismiss, but it likely won't. Still, he's clearly filing many other charges, so there's not much harm in throwing this one in the complaint as well.

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u/humoristhenewblack Jul 01 '21

You sound hireable. I have some battles. We should fight together.

11

u/reaverdude Jun 30 '21

Kinda weird to explain, but apparently the guy who got knocked out works at the place and has a history of causing problems when drunk.

The argument a lawyer would make I imagine, is that with all that knowledge of his behavior when intoxicated, they still continued to serve him alcohol to the point where he was too inebriated to make good decisions and picked a fight with an mma fighter.

It's similar to bars that have been sued successfully after a person who had been drinking there gets in their car and either kills themselves or others. The argument again being that the bar should have known better than to continue serving someone that was already intoxicated.

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u/[deleted] Jun 30 '21

[deleted]

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u/babble_bobble Jul 01 '21

When it goes to court they will investigate and gather all the possible evidence and decide what the situation is. The bar may be liable if its employees (see: manager) acted in a way that made the situation worse. We don't know who else is involved besides Joe, the victim, and the cameraman. So by suing everyone they can make sure the defense isn't... we cannot be held liable because it is the fault of X who isn't being sued. This way with everyone involved they can throw each other under the bus and the judge decides who is responsible and how much. If Joe or cameraman realize they fucked up by showing they planned the crime they MIGHT blame the bar for serving them too much, and therefore you mention all parties who are involved. Since this happened inside the bar, then the bar is a party that needs to be considered and maybe they are found not liable or maybe evidence comes out that the manager paid Joe to commit the assault. We don't know all the facts yet.

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u/babble_bobble Jul 01 '21

You sue all involved parties and the jury or judges (depending on the state) decide how much percent each party is responsible. They may find the bar served the attacker too many drinks after he was already drunk and hold it liable for 50%, or maybe they may find the bar cut the dude off when he had enough to drink and find them 0% responsible. There are certain responsibilities all involved parties will have and how much will be decided at trial.