Legal Question in Personal Injury in California
I bought a sportsbar previous to my ownership there an incident took place where a man was hurt.
The previous owner never turned it into insurance or addressed the issue.
They are now filing suit against the old owner and have included me in the mix.
I bought the business as a asset sale .I bought all the assets ,and the DBA name .
only,
I went through escrow posted my notices ,and now they are saying I am liable?
5 Answers from Attorneys
You will have to answer or respond to the complaint within 30 days of service. In the meantime, you might send (by fax or e-mail) a copy of your purchase agreement to plaintiff's attorney to show that it was an asset purchase, only, and telephone the attorney to tell him/her the same thing. You should not be liable for the injury.
I agree with Mr. Cohen. You should get an attorney if at all possible instead of trying to answer the complaint on your own. In fact, if the suit is against a corporate entity that you own rather than against you personally, the entity cannot represent itself and must have a lawyer.
If you have liability insurance, you should notify the carrier immediately. Your claim might not be covered since it is based upon the events that took place before you bought the bar, but if it is covered the insurer will provide a lawyer for you and will try to negotiate a settlement.
If you don't have insurance that covers this complaint, you should try to hire a lawyer on your own. Feel free to contact me directly if this case is in Southern California.
You should turn this over to your insurance company and let them deal with it. In the alternative you could retain an attorney who could attempt to get the plaintiff to dismiss the action as to you.
I would not do this without an attorney. I can help you with this issue. Call me at 818-584-8831 x. 1 for a free consultation.
I would communicate with the plaintiff's attorney, and threaten to sue them for malecious prosecution if you are required to answer. You should answer if the plaintiffs will not dismiss it as against you. Contact me directly.
You have received some good initial information from the other attorneys, however I would add that you will need to closely review your purchase sale agreement to ensure you did not assume any liabilities even if that was your understanding, double check; the advice regarding contacting the attorney for the Plaintiff is recommended, however I would not just take his/her word that they won't pursue the matter against you. If you would like a free consultation regarding this matter, feel free to contact me. My office is in La Jolla and I practice throughout Southern California.
Best,
Bryan Becker
www.becker-attorneys.com
877.201.8728