San Leandro Party Ends in 2 Deaths and 2 Injuries
A shooting occurred at a San Leandro party on October 9, 2010 at the bar and grille at the Monarch Bay Golf Club. Two people were killed and two others injured when gun shots rang out. Four victims were taken to Eden Hospital in Castro Valley and two were pronounced dead upon arrival. The party had apparently been promoted through social networking and the police are trying to identify the promoters who gave false names to the bar and grille when making the rental arrangements. The shooters have not been identified.
What is the legal responsibility of the bar and grille for the criminal acts of these unknown assailants in this San Leandro shooting? Is there owner of the business liable for the wrongful death of these two individuals?
Business owners have a duty to those who come onto their premises to use reasonable care to protect them from the harmful conduct of others on the property, if the owner can reasonably foresee such criminal behavior. If it is foreseeable that criminal activity may occur, there may be legal liability on the part of the business owner for the shooting (See the case of Delgado v Trax Bar & Grill). Foreseeability is often determined by whether there had been similar criminal activity in the past to put the owner on notice that reasonable precautions should be taken.
As a San Leandro personal injury attorney, I receive many inquires about people who have been injured in public businesses by the criminal activity of others. These can include assaults, fights, or even shootings such as in the Monarch Bay incident. Often these victims of criminal assaults are seriously hurt and they are unable to be compensated by a criminal who has either disappeared or is destitute. If the business owner however was also negligent by not keeping his business safe, these victims of violent crime can be helped.
Oakland Tribune, Investigators looking into who promoted San Leandro party that turned fatal, October 12, 2010