Wrongful Death Lawsuit Filed After Bar Beating
The family of a man who was beaten to death outside of a bar has filed a wrongful death lawsuit against the bar and named the attacker and several bystanders as defendants. According to the lawsuit, the bar operators knew there was bad blood between the defendant and the descendant and failed to intervene once the attack began. The defendant lay unconscious on the ground after the attacker drove off. The attacker then, after having a change of heart, returned and continued to beat the unconscious descendant. The victim was taken to the hospital where he was later pronounced dead of his injuries.
Negligent security lawsuits
Every proprietor has a duty of care to ensure the safety of those whom they invite onto their premises for their financial benefit. The duty of care is highest to customers. In this case, the descendant was a customer. The most troubling aspect of the allegations is that everyone watched as the descendant was beaten to a pulp and did not intervene even after the attacker had driven off. This allowed the attacker to come back, continue to beat the man, and eventually kill him.
Even if the bar did not have active security on hand, they should have called the police as soon as the fight began. That would have been their duty of care under the law.
Punitive damages in premises liability cases are rare because premises liability cases are filed under a theory of negligence and punitive damages generally requires actual malice or gross negligence. Nonetheless, the plaintiffs are going to argue as to why they deserve punitive damages from the bar in this case. The fact that the defendant could have been saved if anyone had called 911 earlier will be a key point the plaintiffs bring up when arguing for punitive damages. The fact that he was lying in the parking lot, the attacker left, and then returned is also a strong indicator that punitive damages could be forthcoming in this lawsuit.
Nonetheless, the bar will say this was part of an ongoing personal beef between the two men and they were unprepared to intervene. If this is the only violent incident that has ever happened at the bar, then the plaintiffs are less likely to receive punitive damages than they would be otherwise.
The attacker has been formally charged with first-degree murder. He was initially charged with aggravated assault, but the charges were increased after the victim died. He has yet to be indicted but will remain in jail until the grand jury votes to indict, which is likely, especially considering he returned to the scene after the victim was unconscious.
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If you have been injured due to the negligence of another party, the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. can help you recover damages related to your injuries. Call today to set up a free consultation and we can begin discussing your next steps immediately.