my coworker's son was shot and killed outside a club by a man that was thrown out after arguing with a patron . As patrons started scattering for cover,the gunman started shooting, and got away, meanwhile , her son caught a stray bullet and died on the clubs premises. Can she sue and what agency can she contact? The lawyers she contacted are reluctant to take the case, she already recieved money to bury her son from the domestic violence agency. We live in chicago,il.Who can she turn to, and does she have a case?
2007-04-20 10:57:25 · 8 answers · asked by manuvgod1 1 in Politics & Government ➔ Law & Ethics
She could try and sue the club and its owners. Based on the argument that the bartender served that man too much alcohol, but that will be a hard case to prove.
First: The man could have a normally violent temper, independent of the alcohol consumed.
Second: The club took action by throwing the man out. So they stopped serving him alcohol and they removed him from their club where they could be held responsible for his actions.
Third: It would be hard to pin the club with the man's actions since they happened outside of the club and the manager cannot be held responsible for what happens in an area out of his control. If the crime happened in the Club's exclusive parking lot then there might be grounds for a case. But, if the crime happened in an alley or in a parking lot that other people use then the management cannot be held responsible.
The only person who was clearly at fault was the person who committed the murder. He is the best person to sue, but only a civil suit can be filed, the city or state has to handle the felony (murder) that he committed. Your coworker's son was murdered; there is no question about that. It doesn't depend on the shooters intent; it depends on what he did through his intent to do hard. When a felony is committed then any people who assisted or aided in the commission of that felony is also guilty of murder. When a felony is committed then anyone killed in the commission of that felony will be considered as murdered by the suspects that committed the felony, even if the murder was done with a stray shot.
Your coworker can sue the criminal for wrongful death and other charges, provided the murderer is ever caught and it can be proved that he was involved in that shooting. She can seek assistance from Victims Defense funds, but these funds are designed to used when a family provider is killed and the rest of his family is a risk because they lost the potential income the murdered person could have given.
I feel very sorry for your Coworker, but I don’t see anything that she can do. Of course she can talk with a lawyer about the case and get a different opinion (I am not a lawyer). But, the case against the club stands on the question if the club management and the bartender could be held responsible for the man’s actions. By ejecting him from the club they did perform responsibility so it is going to be difficult to prove. If the police had captured him then a blood alcohol reading could have been taken and a case against the bartender serving too much alcohol could be made. But a day after the murder a blood alcohol test would be useless. I don’t think you Coworker could win a case against the club.
The only other party that can be sued is the one who committed the murder. Any case against him will be secondary to the felony and it cannot be pursued until after the criminal trial has ended. Then your Coworker could hold the murderer responsible on the same grounds for the unlawful death case against O.J. Simpson filed by Ron Goldman, the father of the boy who was killed. If the murderer is a gang member or from a low income area then it is going to be hard to find any assists worth taking in the suit. Now if someone rich did the shooting then a civil case would be worth filing. But, all that is moot until the murderer is caught.
In short your Coworker has no recourse at this time, and will not until the murderer is captured and his trial is completed.
2007-04-20 11:36:14 · answer #1 · answered by Dan S 7 · 0⤊ 0⤋
no longer sue, call or write the sweet producer to enable them recognize you obtain expired sweet from a keep. I actually have had this ensue and easily stated as the employer who made the sweet. They were more beneficial than chuffed to modify it with a yet another bag of sweet. in case you do sue a employer they'll in basic terms bypass the cost onto the buyer; you and that i.
2016-12-04 09:25:42 · answer #2 · answered by ? 4 · 0⤊ 0⤋
She can only sue the gunman, he was the one that fired the shots and the gun was his own gun. It doesn't matter where he was standing, if he wasn't shot by an employee of the club then there is very little she can do about it; she can try to sue the club if she can pove it's unsafe to the public but if she is poor she has no chances to win a dime.
2007-04-20 11:03:40 · answer #3 · answered by ? 7 · 0⤊ 1⤋
Your co-worker could file a case of homicide against the gunman under the law for killing your son.
2007-04-20 11:00:58 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
The club was not negligent in any way. They kicked the man out after he became abusive (well, arguing anyway).
2007-04-20 11:17:52 · answer #5 · answered by mikehunt29 5 · 1⤊ 0⤋
The only liable person is the gunman. The club is not liable...unless they knew he had a gun and would open fire...unlikely...
2007-04-20 16:02:22 · answer #6 · answered by Dr. Luv 5 · 1⤊ 0⤋
No, though she may feel justified, the club had no idea that the man had a gun or that he was violent. So, its actions were justified.
2007-04-20 11:02:04 · answer #7 · answered by gforce 2 · 0⤊ 0⤋
Wow. Talk about capitalizing on someones death. Its sad...
2007-04-20 11:02:15 · answer #8 · answered by Ben H 5 · 2⤊ 1⤋