On Sunday, March 27, 2022, millions watched as actor Will Smith slapped comedian Chris Rock during the Academy Awards live broadcast. Smith went on to win and accept the award for Best Actor, and the LAPD reported that Rock declined to file a report or press charges against Smith.
Much of the world discussed whether Smith was morally right or wrong to use violence against Rock for joking about the appearance of his wife, Jada Pinkett Smith.
An important legal discussion should also follow this incident.
Can Chris Rock File A Claim?
What Evidence Does Chris Rock Have?
Injury Claims Without a Criminal Case
At this writing, most observers don’t expect Smith to face criminal charges for hitting Rock. This leads to the question: Can you seek a civil injury claim against someone if they did not face criminal charges for the assault or battery?
The answer is definitely yes.
Criminal and civil cases are separate matters. Criminal cases focus on punishing the offender, while civil cases compensate victims for their losses. While a criminal conviction can be evidence in a civil case, your injury lawsuit will not rely on a sentence.
In many situations, a civil case succeeds without a related criminal case. If Chris Rock had chosen to sue Will Smith, he could have prevailed, even if the Los Angeles prosecutors had never filed charges. While such a lawsuit might not happen in this case, many victims of assault and battery choose to file suit—and they often win.
As of 2024, Chris Rock has not chosen to take further action, and the rumor that Chris Rock received a $40M settlement from Will Smith turned out to be completely false.
Negligent Security Claims
Smith is wealthy and can likely afford to pay if Rock filed a case and obtained a judgment for millions of dollars. However, the average assailant is not a famous actor or celebrity and likely does not have significant wealth.
If you won a judgment for even $20,000 for a battery, the chances are your assailant cannot pay it. Unlike car accident cases, insurance may not cover assault and battery for defendants who cannot pay.
This does not necessarily mean you are out of luck with an injury claim following an assault, as you might hold other parties liable.
In many situations, assaults happen due to the negligent security of an establishment, such as a hotel, bar, or sports arena. Such establishments must maintain adequate security to protect patrons from criminal acts like assault. If they fail to provide proper protection, the establishment may need to pay for the victim’s injuries and losses through a premises liability claim.
In the Smith-Rock situation, negligent security seemed to be an issue. It is difficult to believe that security would let someone storm the stage uninvited while a celebrity presents an award. If a non-famous audience member tried to storm the stage, security certainly would escort them off—possibly in handcuffs.
Security at the Academy Awards is there to protect the celebrities onstage and in the audience, but they seemed to do nothing to protect Rock from Smith’s assault. No matter their reasoning, the security team failed to protect Chris Rock from an attack onstage, which constitutes negligent security.
Proving Negligent Security Cases
Most incidents involving negligent security do not occur on worldwide broadcasts for all to witness. If Rock filed a claim, the broadcast footage could offer convincing evidence of the assault and battery—and of the absent security team failing to protect him. Most victims do not have it this easy.
Instead, you must prove:
- The establishment owed you a duty to provide adequate security
- The establishment failed to provide adequate security
- You suffered injuries from an assault due to inadequate security
This is difficult to prove, so you must seek help from a personal injury attorney who handles negligent security cases. A lawyer can evaluate your claim to determine whether you have a good case.
If so, your lawyer can seek security camera footage, other videos (perhaps posted online), and eyewitness testimony to prove what happened. They can check for adequate lighting and other safety features in parking lots. They can subpoena the establishment's security plans and determine whether they were reasonable or if they followed them.
They can negotiate with the establishment's insurance company for a settlement. If the insurer balks, your lawyer can press forward with a lawsuit to get you the compensation you deserve.
This can hold the business accountable not only for your injuries but also prompt it to make sure its failures don't lead to additional assaults like the one you survived. Taking legal action, in other words, can protect other people.
No one should suffer assault and battery due to negligent security—whether on international television or in a local bar. If you believe you have a case, please contact an attorney as soon as possible for a free case evaluation.
Gabriel Levin - Owner/Founder
Gabriel Levin is a highly experienced and award-winning attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters and tried hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Attorney Levin personally handles every aspect of each case and maintains open communication with his clients throughout. He has secured millions in compensation, making him a smart choice for those seeking legal representation.
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