Tampa, FL asked in Personal Injury for Florida

Q: Can I sue the bar?

My husband was leaving a bar and someone was sitting on his car. He asked them to get off the car twice, because they did not like the way he asked they shot him. The bar did not have any security on site.

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5 Lawyer Answers
Mitchell Feldman
PREMIUM
Answered

A: Anyone can file a suit, but the question is there liability?. That depends on more facts and information. This would be a case of negligent security and if they have a history of violence or similar violent crimes the bar might have liability. What needs to be examined is everything from reported crimes at the establishment, to crimes in the area, to warning signs, lighting, cameras etc. Consult a personal injury attorney. If the bar knew of should have had a reason to know that there was a danger to the public occurring on its property, there could be liability if they did not monitor, patrol, etc.

A: Given the fact it was outside the bar, not sure there wouldn't be an issue but the bigger problem is that if there were security,if you'd have to show it would have stopped the person from doing what he did. This person acted quickly, security wouldn't have mattered. But why not contact some members of the Fla. Justice Assn--they give free consults; ask them about suits against the gun manufacturer also--I don't see that as viable but I may be wrong.

A: I strongly disagree with Mr. Munsing's suggestion to consider suing the gun manufacturer. The question makes it clear that the perpetrator intentionally shot OP's husband. There is no suggestion that the firearm was somehow defective.

A: Bar owners must do everything reasonably possible to ensure the safety and well-being of their customers. But the law must weigh each case to determine whether the bar owner did everything reasonably possible to protect the client from undue harm, and if not, what’s the liability. Consult local counsel for details.

A: Yes, if the bar was on notice that their business was in a high crime area and they did not have adequate security, then yes, your husband has a decent case. Discuss in private with Counsel.

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