Legal Question in Personal Injury in California

Re: are the owners of property liable for my injury

Sorry to hear about your loss, but consider yourself lucky to even be able to write this email.

This is a tricky area of law, which can go south if proper and timely investigation of certain facts are not done.

There are cases that flat out deny liability, but then there are cases that found liability. For example look at Mata v. Mata 105 Cal. App4th 1121 (shooting at bar issue of failing to properly perform security functions assumed) Avila v. Jado Properties 112 Cal. App4th 405 shooting on sidewalk in front of banquet facility issue of whether the security provided was inadequate based upon the contractual agreement to host the event.

You or your lawyer need to obtain from the local Police or Sheriff's Department the Crime Stats for the business location and obtain lot of information about prior crimes.

Presently I am handling a wrongful death case against two of Holywood's largest night clubs. Thus, if you'd like a free evaluation of your case, give me a call (323)782-0099.

Good luck.

Re: are the owners of property liable for my injury

It certainly looks like something to look into.

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Re: are the owners of property liable for my injury

You need to file a cliam. Do you have an incident report or police report?

Re: are the owners of property liable for my injury

there are a number of factors which would effect whether your situation warrants a claim, without which, no one can really give a reliable response. call an attorney. if you like, i would also be happy to discuss the matter with you. i hope you are on the mend.

Re: are the owners of property liable for my injury

It may be difficult, but you have a case.

Joel

JOEL SELIK

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Re: are the owners of property liable for my injury

It would depend on whether you could prove that the owners of the club knew, or should have known, that criminal conduct of the type described by you was likely to occur under the circumstances.

Ordinarily a business owner in California cannot be held responsible for criminal conduct occurring outside of their business, unless the same or similar conduct had occurred in the past, the owner was aware of that conduct, and the owner knew, or reasonably should have known, that conduct of the same type was likely to occur in the future.

Re: are the owners of property liable for my injury

The answer depends on whether there have been prior similar incidents. If there has, then the club could be liable for failing to warn and/or protect their patrons, such as yourself. There is also the question of whether the club bouncer should have let you enter the club for safety. I would make the argument that the bouncer should have let you in since the bouncer knew a shooting was going to take place outside. Give us a call to discuss this further. The call is free.