Legal Question in Civil Litigation in California

anyone responsible

After having dinner a block away and then being at a nightclub all evening ,2 couples (in there 50's) leave the place only to be attacked 30 feet from the door and with employees watching. We yelled for aid and help when we could see 3 young men wanted to fight, one man in our party was knocked out and the other took serious blows to the head. Both went to the ER and will thankfully mend. Question is -should the establishment have come to our aid? Police say it is a BIG problem ongoing problem after bars close. This happened in Downtown Fullerton, Ca. If they know there is a problem they don't they have a duty to let us know and help when we screamed for help?They did nothing! Police said it is a problem we should have left earlier since closing time is so bad. We have been to this place before and never had a problem in the past and we weren't aware of one, or we wouldn't gone there.


Asked on 3/16/08, 9:26 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: anyone responsible

It is unclear if you could successfully sue. Certainly you can ask the owner to give you his insurance information and you can see what you can do. The owner of the premise has a duty as to the premises, but once you outside the night club his obligation is much less clear, There probably is no duty to come to your aid as that would endanger them. Cases that have found liability normally have dealt with situations in which similar incidents have occurred and the person is injured on property owned by the building's owner, as he has no control over land that he does not own.

You should speak to some Plaintiff's attorneys who handle this type of case to see what they think.

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Answered on 3/16/08, 10:23 pm
Judith Deming Deming & Associates

Re: anyone responsible

It all depends upon a multitude of factors, such as whether there had been prior attacks at that location which placed the premises owners on notice that security was deficient, whether the premises lacked adequate lighting, whether the attackers were also patrons of the establishment, etc. You could request that the owner of the establishment provide you with their insurance info and then file a claim, either on your own or through an attorney.

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Answered on 3/16/08, 10:42 pm


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