This is a "Personal Injury" question. The "Find a lawyer" tab at the top right of Avvo.com may assist your brother in law's immediate family in locating a personal injury attorney to pursue a wrongful death claim against the bar and answer the questions about the bar's liability. I changed the question topic to "Personal Injury".
You should not rely on this response as legal advice. This response does not create an attorney-client relationship nor any professional responsibility for the outcome of your case. Please hire a lawyer as soon as possible to advise you on your circumstances.
I’m sorry for your loss.
The legal rule in these cases is that a business owner has a legal duty to exercise reasonable care to make its premises safe for its customers. “Reasonable care” can include an obligation to provide adequate security to protect its customers from criminal acts. In California, the business owner’s duty to take reasonable care arises under two specific circumstances:
(1) When the owner knows that prior incidents of the same kind have been committed on the premises, the owner is under an obligation to take precautions against it, and to provide a reasonably sufficient number of employees to afford reasonable protection.
(2) When the owner knows or has reason to know that a third party is harming or is about to harm its customer, the owner is under an obligation to take affirmative steps to protect the customer, such as by alerting the police or employing available security measures.
What a horrible tragedy! These types of cases are tough to win against the establishment. You would have to show that the bar was somehow aware of the danger in advance and failed to do anything about it. For instance, if the man that killed your brother in law has been involved in bar room brawls before, and the bar continued to let him in. Or if they deliberately overserved the killer with alcohol. But the key is establishing some sort of reason for why the bar would be responsible. You should contact a personal injury attorney in your area right away. Time is of the essence, and you need to move fast to preserve evidence. Good luck, and please accept my condolences.
These cases are very fact specific and need to be carefully worked up, including obtaining all prior incident reports on the bar to see if the owner / landlord had notice of prior similar incidents and failed to take proper precautions. If it was me, that's where I would start.
They could be responsible, it depends very much on the circumstances. I have been involved in several cases like this.
You need to get an attorney immediately. The first step is to send a letter the bar telling them to preserve any surveillance video. Maybe law enforcement has it, but you never know.
Hard to say. You need to go see a local attorney and bring anything you can. These type cases are fact driven. Good luck.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
I'm so sorry for your loss. To answer your question, yes there may be liability on the part of the establishment, but it will depend on the specific facts of your case. It's not enough to present this question in this forum to decide whether or not you have a case. You should call any California-licensed attorney who handles personal injury and wrongful death claims and present the facts tot hem. You may have to call a few because some law firms specialize in handling different types of cases or an attorney may not feel they have the experience to take on this type of case and refer you elsewhere. I hope this is helpful to you and I wish your family peace and comfort at this difficult time.
A bar is held to a higher duty of care than most other venues. Therefore, you'd have to prove that the bar failed to act with the duty of care that is required of them.
For example, providing improper security, given a history of crime/violence on the premises.
If your brother-in-law was married his wife may also have a loss of consortium claim. Please speak with a personal injury attorney.
I am sorry for your loss.
Possibly. It is worth investigating. An attorney and PI can get a run of police calls to the bar to see what, if any prior violence had occurred at the bar. The police report of the incident can reveal facts about the incident itself that might show that the bar had knowledge of your brother being in danger. Please consult a PI attorney and allow them to investigate and report back. The proper plaintiffs would be his wife and children (if any).
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
That is horrible.
Maybe, it depends on other circumstances. You should have the family speak with a personal injury attorney.
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