Legal Question in Civil Litigation in California
business's responsibility?
when you leave a restaurant/bar and you're assaulted right outside the door in full view of the bouncers and people, and scream for assistance and no one does anything - don't they have any responsibility or duty to help????
4 Answers from Attorneys
Re: business's responsibility?
Morally, yes. Legally, probably not, unless you're still on their property and they had knowledge of such problems in the past.
Re: business's responsibility?
Mr. Cohen is correct. To establish liability you would have to show sufficient past similar incidents or a high crime rate. If you are still on the premise and the bouncer refuses to do anything, you might be able to argue that his presence was a guarantee that there would be no trouble, but that is a very weak argument.
Re: business's responsibility?
A restaurant/bar will generally have a duty to take reasonable measures to protect or summon aid for a customer leaving the premises, if it is aware that the customer is in immediate danger. You need to discuss the specific facts of your case with a lawyer. You can call Tuan Lam, of Lam, Thompson and Park, in Orange County, www.lamthompson.com.
Re: business's responsibility?
No. Not unless you can prove they knew of some inherent dangers and did nothing to prevent them, like installing lights or security. Businesses are generally not responsible for someone else's criminal conduct, even that of employees. Moral duty is not the same as legal duty. With all that said, if you were actually injured with medical bills, a good attorney may be able to 'persuade' the business to settle with you to avoid litigation. Feel free to contact me if serious about doing so.