Legal Question in Civil Litigation in California
A dear friend lost her husband two years ago to the senseless and unprovoked violence of a mentally ill man. To add to emotional devastation, the loss of her husband has left her financially ruined. The mentally ill man's father is wealthy. The father provided the finanical support for his mentally adult son to live alone and unsupervised in a condo in the community where my friend and her husband lived, which subsequently allowed him to be in a pulic location, a post office, where he murdered my friend's husband without warning. Can she sue the father of the mentally ill man for damages that came as a result of his putting his son into that community unsupervised? And if so, do you have a list of attorneys that would handle that type of case?
3 Answers from Attorneys
I don't see why the father would be liable. Even if there was reason to think the son might be violent -- and nothing you have written suggests that there was -- he had to live somewhere. The father may have helped him live in a better area than he would have otherwise, but that did not make the son kill your friend's husband.
With more information I might see some basis to pursue the father. But you would need some really extraordinary facts.
I'm sorry I can't be more encouraging.
In addition to the above explanation of lack of legal basis, such case would have to have been filed within two years of the death.
You should contact an attorney quickly, as the two year mark may make it harder. I would like to know what the father did wrong. Should his son have been in an institution or under care? Did he have information as to such or the risks, or pull some strings to get the son to live by himself when he shouldn't have been? Then, maybe there is something you can do, and I would be interested in hearing your facts if you want to send me an email. Again, act quickly, hopefully you are in time.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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