A core legal principle is property owners and business operators owe a general duty of reasonable care to their patrons (known as “invitees”) to keep the premises safe. This duty extends to protecting patrons from foreseeable harm, which includes criminal acts committed by third parties (such as assaults, fights and shootings). There was an incident recently at a pub in Elk Grove that resulted in a suspect being arrested after one person was found dead & 3 were injured.
Elk Grove Police Officers arrived at the location and discovered three victims suffering from gunshot wounds. The first victim was an 18-year-old man who was pronounced dead at the scene. There were two victims, a 34-year-old man and 26-year-old man transported to a local hospital and shortly there-after they discovered a fourth victim, a 25-year-old man had driven himself to a hospital. The 34-year-old victim is in critical condition. The other two victims are in stable condition and expected to survive. During the course of the investigation, detectives were able to identify 43-year-old Roderick Randall of Sacramento as the suspect in the shooting who is considered armed and dangerous.
What is the duty of the business when it comes to providing a secure environment according to California law?
- General Duty of Care: A commercial business (like a pub) in California owes a general duty of reasonable care to its patrons (invitees) to keep the premises safe.
- Actionable Claim: A failure to provide adequate security when harm is foreseeable is actionable under premises liability law (specifically, a Negligent Security claim).
The duty to provide security is determined by whether the harm (e.g., an assault or fight) was foreseeable. Factors include:
- Prior Incidents: A history of fights, assaults, or similar criminal activity on or near the premises creates a higher duty to implement security measures.
- “Place and Character”: The nature of the business (a bar with alcohol) and its location (e.g., high-crime area, late hours) inherently raise the baseline risk and required level of care.
- Known Hazards: Staff awareness of a brewing confrontation (e.g., an argument) creates immediate foreseeability and demands swift intervention.
Examples of Actionable Negligent Security (Breach of Duty). A pub breaches its duty when its security measures are unreasonable or inadequate, such as:
- Inadequate Staffing: Failing to hire enough bouncers or security guards when warranted by volume or history.
- Physical Defects: Broken locks, poor lighting in parking lots, or malfunctioning surveillance cameras that contribute to an incident.
- Failure to Act: Employees noticing a violent situation developing and failing to intervene, call the police, or eject the disruptive parties.
Elements to prove a Lawsuit – To win a premises liability claim the injured party must prove:
- Duty: The pub owed a reasonable duty of care.
- Breach: The pub failed to provide reasonable security.
- Causation: The lack of reasonable security was a substantial factor in causing the injury.
- Damages: The patron suffered verifiable harm (medical bills, etc.).
We represent people injured as a result of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. Insurance companies have paid our clients hundreds of millions of dollars in compensation because we uncover the facts. When insurance companies fail to offer full compensation, we are not intimidated at the prospect of going to trial. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 916-714-7672 or visit www.gblegal.com
*Anyone with information regarding this investigation and the whereabouts of Roderick Randall is asked to call the Elk Grove Police Department Communication Center (916) 714-5115 or Sacramento Valley Crime Stoppers at (916) 443-HELP (4357). Callers to Crime Stoppers can remain anonymous and may be eligible for a reward of up to $1,000.00.