Fatal Shooting Outside of Colton Bar: Potential Liability?

The Sun has reported that the suspect in a fatal shooting outside of a Colton bar has been arrested near the Mexican border.  The shooting occurred just after 1:00 a.m. on Friday (January 25th) just outside the Linko's Cocktail Bar.  The suspect, 25-year-old Larry Flaco Morales, has been booked on suspicion of murder.  The Sun report indicates the killing may have occurred after a fight at the bar.  The 34-year-old victim, from Moreno Valley, died at a local hospital, and he has yet to be identified.  

Potential Liability for The Bar

It has long been the law in California that a business owner who serves intoxicating drinks to customers for consumption on the premises must “exercise reasonable care to protect his patrons from injury at the hands of fellow guests”.  That duty is imposed when one or more of the following circumstances exists: (1) A tavern keeper allowed a person on the premises who has a known propensity for fighting; (2) the tavern keeper allowed a person to remain on the premises whose conduct had become obstreperous and aggressive to such a degree the tavern keeper knew or ought to have known he endangered others; (3) the tavern keeper had been warned of danger from an obstreperous patron and failed to take suitable measures for the protection of others; (4) the tavern keeper failed to stop a fight as soon as possible after it started; (5) the tavern keeper failed to provide a staff adequate to police the premises; and (6) the tavern keeper tolerated disorderly conditions.  

While it is not clear whether there was a fist fight that preceded the shooting, either inside or outside of the bar, that factual determination may well have an impact on the potential liability for Linko's.  If violence could reasonably have been anticipated and bar employees failed to take necessary precautions, the bar owner could face civil liability.

Wrongful Death Claims

Under California law, certain surviving family members may bring an action for wrongful death in the event a loved one is killed because of the intentional or careless conduct of another.  A wrongful death action requires the plaintiff to prove the death would not have occurred but for the defendant's act or omission.  In the case above, it must be shown that some reasonable intervention would likely have prevented the death of the shooting victim.   For example, if it can be shown there was a fight inside or outside the bar for some period of time, and either security or law enforcement intervention could have changed the outcome, the bar owner may be held liable.

Premises liability cases, especially those arising from a third party's misconduct or criminal behavior, are difficult to prove and require a personal injury attorney with years of experience at handling such cases.  Not every claim can be successfully prosecuted so obtaining a legal opinion as early as possible is a critically important first step.

SOURCE:  Man wanted in Colton shooting arrested at Mexican border, January 26, 2013, by Beatriz E. Valenzuela