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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses

KEEP PEOPLE SAFE OR – COMPENSATE!

restaurant owner

The true purpose of tort law, as one personal injury attorney described it to an Indiana Lawyer reporter, is to make things safer and better for people. Obviously there is the goal of compensating injured people for what they’re going through and for what they will be going through as a result of their injuries, but the real purpose is to force companies to keep things safer for the public.

At Ramey & Hailey Law, we agree. When crimes and violent acts happen away from home, the attorneys for injured parties can hold the owner or manager of the property liable under an area of the law called negligent security. That’s because possessors of property have a duty to offer reasonable security measures to protect lawful visitors from crimes by third parties, including assault, rape, and theft. To try and avoid having to compensate victims, property owners are encouraged to consider safety risks to their customers and employees.

O. M. parked her car in the parking lot of a barbecue restaurant in St. Louis, Missouri.

As she returned to her car after purchasing food in the restaurant, a male stranger

asked her for help in jump starting his car. The stranger then brandished a gun, forced

his way into her car and kidnapped her, subsequently physically and sexually

assaulting her. O.M. sued the restaurant owner (true 1984 case).

From a legal standpoint, O.M. was an “invitee”, which is the legal term for a person reasonably expected to enter a property, such as a customer or employee. Negligence law imposes a reasonable standard of care towards invitees.

In a more recent case against Denny’s Corporation, one customer had asked the other customers to be quiet, and they assaulted her.  Denny’s employees had not come to her defense. The court ruled in favor of the plaintiff, because “a restaurant owner must take appropriate measures to protect persons on the premises from foreseeable criminal acts of third parties.”  The woman’s request to others to quiet down was a foreseeable consequence of Denny’s failure to act.

“While a business has no general duty to control the conduct of outsiders, it cannot ignore danger”, writes Brad Reid in a Huffington Post article. A business cannot close its eyes to danger.  “Like it or not, outsider violence on your premises becomes your problem,” he warns business owners.

What do I have to prove to sue a restaurant owner for being assaulted by another patron? Is the question LegalMatch.com poses. The answer? Three things must be proven:

  1. the owner had a duty to protect you, the patron, from harm
  2. the owner failed to exercise reasonable care, although the assault was “foreseeable”
  3. the owner’s failure to exercise reasonable care is what caused the resulting injury or death

Assaulted in a store or restaurant? As your attorneys, we can bring suit to hold property owners liable.

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