Legal Question in Personal Injury in California

Re: Nephew killed at a Party

Your questions is a good one. There may well be a basis to hold the persons in control of the premises liable. There also may be other theories of liability as well against others. This situation reminds me of a case in which a young woman broke her neck and was left quadriplegic in a car accident in which her husband was driving, had been drinking and lost control of the car hitting a tree. We recovered for this woman by pursuing creative lawyering. The tragic death of your nephew certainly merits a sincere attempt to compensate his parents, or spouse and children, if there is one, for his terribly untimely death.

The cause of action belongs to his parents if there is no wife or children, or his wife and children. Call me if they want me to look into this matter further.

Re: Nephew killed at a Party

You said he paid for the entrance. Was this organized by a promoter? Were there security guards on the premises? Was there a history of such quasi-commercial activity at the subject residence?

There are many questions that needs to be addressed. Nonetheless, I successfully handled a case with similar fact pattern. So if you'd like a free consultation please call me at (323)782-0099.

Sorry for your loss.

Re: Nephew killed at a Party

You may have a good wrongful death case depending on factual details...and who brings the case. If he has wife and children...it will be a stronger case and recovery would be larger rather than parents or immediate relatives pursuing the case. Because, from my experience, recovery in loss of consortium is always higher than loss of companionship. Feel free to call me and discuss!!!

Re: Nephew killed at a Party

It could be as the party givers may have known about the potential for the violence. You should consult an attorney ASAP

Re: Nephew killed at a Party

Thank you for your inquiry. I am very sorry to hear about your nephew.

The answer to your question is, yes. There very well may be liability on the part of the homeowner and/or others at the party. Whether there is a basis for suing in this situation will depend upon the factual circumstances surrounding the party and the shooting. Unfortunately, your inquiry does not provide the relevant detail. You, or those interested, should consult an attorney without delay. Please feel free to contact my office for that purpose.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com & http://www.Estate-Planning-Pages.com

Re: Nephew killed at a Party

Possibly. These types of cases are difficult to win, but the situation is worth further investigation.

Has the shooter been identified? What is his relationship with the owners of the home? There are numerous factual details that may be important.

You'll need to consult with an attorney to determine whether there is a viable civil case.

Jeff Olster

Re: Nephew killed at a Party

Probably, and his heirs should immediately start a claim. Delay is not good in these circumstances. There may or may not be homeowners or other insurance that could be invoked, with difficulty. Contact me if you wish to discuss the facts and representation.

Re: Nephew killed at a Party

There is likely liability on the part of the homeowners here, but as Mr. Olster said, an attorney would have to know more about the circumstances before knowing about liability for certain.

Re: Nephew killed at a Party

In all likelihood, I'm afraid, the answer is no. Unless there is more to the story, the hosts or homeowners will only be liable if they intentionally set this course of events in motion or if they negligently put your nephew in harm's way (as might be the case if they ignored a credible threat of violence and went ahead with the party enyway). Also, if they responded negligently to the shooting in a way that increased the danger to your nephew, they could be liable on that basis. I can imagine other scenarios that might support liability, but they are all rather far-fetched.

If they had no way to anticipate this shooting, the hosts and homeowner were not at fault. If they were not at fault, they cannot be held liable. Just because a party took place at their home doesn't make them responsible for whatever happened there.

It sounds unlikely that this shooting was the result of intentional actions by the hosts or the owner, so you would probably have to proceed on a theory of negligence. There is a general rule, however, that the intervening intentional wrongdoing of a third party cuts off the defendant's liability for negligence. Thus, if I negligently fail to maintain my balcony and it collapses under you I can be held liable, but if instead someone else deliberately undermines it and causes you to fall then he/she is at fault and I'm off the hook. Any negligence here -- at least any that took place before the shooting -- was probably superseded by the intentional actions of the shooter.

[I oversimplified that a bit, but I think I've made the general point I need to make.]

As I said, though, there are other possible bases for liability and you should consult with a lawyer, and be prepared to share as much information with him or her as you have.

Even then, wrongful death suits are normally brought be immediate family -- spouses, children, parents, etc. Whether you could sue for a nephew's death will depend on specific facts of your relationship. You might not be able to bring this suit at all, depending on the facts.

I'm sorry for your loss and I wish you all the best.