Legal Question in Personal Injury in California
Victims of a Bank Robbery
About 5 years ago, my family was at a bank located in a grocery store opening an account. 3 gunmen came in and we tried to leave front entrance. Gunmen ordered us to floor and with guns. No shots fired. Police report filed of course. Do we have a case against the bank and/or grocery store for inadequate protection and mental trauma this caused especially to 13 years old daughter afterward?
3 Answers from Attorneys
Re: Victims of a Bank Robbery
You would have to prove the store acted in a negligent manner. One way to do this would be to show that this was in a high crime area or they had previous robberies and they failed to have security guards. The normal statute of limitations for personal injury cases is one year from the date of the incident. However, if the plaintiff is a minor, the statute is tolled until she is 18. Thus, the last date to file a lawsuit would be 1 year from her 18th birthday.
Re: Victims of a Bank Robbery
You may have a case if you can show that the store or the bank was negligent. First you have to show that they owed you a duty and then breached that duty. The duty was probably present given that they chose to operate a bank in the store. The duty would be to provide reasonably safe premises with adequate security. The breach of the duty would depend on a number of things such as how many prior robberies at the bank or store and/or neighborhood and what the bank or store has done in response to such crimes. Another obvious factor to consider is what the bank or store's guards did, if anything or if any such person was present. You should consult in person with a lawyer to discuss this matter.
Re: Victims of a Bank Robbery
No. you need to sue the bank robber.