Against an all girls religious high school for negligent supervision of a teacher who engaged in sexual conduct with a student on school property
Construction worker suffered serious brain injury after falling 20 feet due to lack of required fall protection
Against a University for Child Sexual Abuse
Against a psychiatric hospital for their failure to prevent a woman in their care from being sexually assaulted.
Against a religious organization because of their negligent supervision of a pedophile priest who sexually abused a child
Against a correctional facility for negligently supervising a guard that physically and sexually abused an inmate in their care
Against child protective services for their failures in preventing the sexual abuse of a child within their care and custody
Defective punch press machinery work accident case.
Dock worker run over by a forklift at a cruise ship terminal causing catastrophic injuries
Nail gun defect case that cause permanent injuries to a worker
Nail gun accident where nail gun discharged sideways resulting in a nail hitting user’s eye
DUI accident, bar alcohol liability & medical malpractice case in Philadelphia (January 2014)
Surgical infection, medical malpractice case in Philadelphia
Drugstore sidewalk fall accident, hip fracture with surgery, filed in Philadelphia
A union carpenter fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
A construction worker fell 20 feet because he was not provided with fall protection
A construction accident involving a union roofer who was working without fall protection and fell from a roof resulting in a permanent paraplegic injury
On the job injury to a union carpenter who fell through an interior mobile scaffold, suffering bilateral calcaneal fractures
A construction accident on the job involving a union roofer who was working without fall protection and fell from a roof resulting in permanent paraplegic injury
Factory supervisor’s hand was crushed at work due to faulty equipment/machine.
Worker sustained severe burn injuries as a result of an electrical explosion.
Chemical exposure causing burn and inhalation injuries to three union carpenters.
Work accident resulting in an above the knee amputation of the worker’s leg
Philadelphia Kimmel Center construction collapse causing catastrophic injuries
Parking garage collapse at an Atlantic City, New Jersey hotel, killing 4 and injuring 30 (largest construction accident settlement in U.S. history)
Stadium demolition accident which occurred when a front loader fell through a ceiling (Philadelphia, PA)
Forklift accident at marine terminal in New Jersey
Crane accident resulting in leg amputation and other injuries during casino construction (Philadelphia, PA)
Construction worker killed when he came into contact with an uncapped, live electrical wire
Injuries incurred in a workplace accident where plaintiff sustained severe burn injuries as a result of an electrical explosion
The electrocution death of a union electrician on the job, when electrical switch gear malfunctioned
Wrongful death of a union carpenter who died on the job after falling through temporary decking at a local bridge
Wrongful death of a tow truck driver who died on the job when he was accidentally run over by his own tow truck
Wrongful death by electrocution of a union electrician on the job, when electrical switchgear malfunctioned
Slip and fall at an airport
Fatal shooting of a tenant at an apartment complex
A woman violently attacked by bar security personnel without provocation
A horrific incident where a woman was killed after her apartment complex was demolished while she remained in the building
Slip and fall case where client suffered serious personal injuries from a fall
A car accident resulting in serious personal injuries to the plaintiff
A tragic case where a man suffered serious permanent injuries when a tree fell onto his car while he was driving along a public road in Bucks County, Pennsylvania
A car crash where the motor vehicle accident resulted in two passengers being killed and another injured, after a restaurant served too much alcohol to the driver of their vehicle
The on the job injury to a union carpenter who fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
Injuries on the job incurred by a factory supervisor when his hand was crushed at work due to faulty equipment
Injuries incurred in a workplace accident on the job where plaintiff sustained severe burn injuries as a result of an electrical explosion
An inadvertent release of dangerous chemicals at a local oil company, causing on the job burn and inhalation injuries to three union carpenters
Construction worker suffered serious brain injury after falling 20 feet due to lack of required fall protection
A construction accident on the job where union laborer was killed while working on the fourth floor of a building because there was no fall protection
Against an all girls religious high school for negligent supervision of a teacher who engaged in sexual conduct with a student on school property
Student sexually harassed and assaulted by high school teacher
Molestation case against sitting state court judge who admitted to the abuse, resigned from the bench and was then disbarred
negligent care of elderly man resulting in hip fractures after fall from hospital bed
negligent transection of common hepatic duct during surgery
71 year old man died due to an undiagnosed e-coli infection
Man died following improper diagnosis and treatment of endocarditis
A construction accident on the job involving union roofer who was working without fall protection and fell from a roof resulting in permanent paraplegic injury
A construction accident on the job involving union roofer who fell from a roof because there was no fall protection and suffered quadriplegia
Nail gun accident where nail gun discharged sideways resulting in a nail hitting user’s eye
Defective punch press machinery work accident case.
For a 67-year-old New Jersey man who suffered serious injury in a motor vehicle accident on the Atlantic City Expressway
For a child who was sexually abused by a clergy member
Union carpenter sustained serious shoulder injuries when he fell after stepping on another contractor’s debris (March 2015)
Against a Christian Board School and other defendants that allowed horrific acts of sexual and physical violence against the young children in their care.
The on the job injury to a union carpenter who fell through an interior mobile scaffold while at work, suffering bilateral calcaneal fractures
Wrongful death by electrocution of a union electrician on the job, when electrical switchgear malfunctioned
Man who was killed when his car fell off of a 3 floor parking garage due to defective vehicle barrier protection system
The collapse of a parking garage at the Tropicana Casino in Atlantic City that injured over 30 construction workers on the job and killed 4 men working on the project (largest construction accident settlement in U.S. history).
Against a fraternity for negligently serving alcohol which resulted in a stabbing assault of two frat party attendees
A workplace accident on the job resulting in below-the-knee amputation of the plaintiff’s right leg
An on the job injury where an union carpenter fell on a construction site and was injured because of defective fall protection equipment
A car crash resulting in a passenger suffering permanent quadriplegic injuries
Shooting deaths and injuries are very common in large cities like Philadelphia. Each year, there are nearly 400 shooting deaths in Philadelphia, or roughly 1 per day. The vast majority of these shooting deaths are homicides or murders. A small number of shooting deaths are accidental (roughly 1 or 2 per year).
In addition, Philadelphia leads the nation in the total number of shooting deaths per year. The city also leads the nation in the annual number of shooting deaths of children under the age of 10.
In many cases, surviving family members are often unaware of their civil legal rights to receive compensation. Oftentimes, other parties can be held liable for negligence which led to the shooting, and in many cases, the ultimate source of financial compensation will be an insurance policy, such as a commercial insurance policy or a homeowners’ insurance policy.
Related: Shootings & Assaults – Victims’ Rights to Restitution in PA and NJ [March 22, 2017, Learn about restitution laws in Pennsylvania and New Jersey. These laws apply in criminal cases and authorize a court to order the criminal perpetrator to pay restitution to the victim for financial losses.]
The hallmark of a negligence lawsuit is foreseeability—was it reasonable for the defendant to have foreseen the injury? A defendant who could have or should have foreseen the injury (shooting) can be held liable. The following two examples discuss the concept of foreseeability in the context of two shooting deaths.
A Philadelphia resident is robbed, shot and killed after exiting his car in the parking lot of his apartment complex. The shooting occurs in a dark and isolated area of the parking lot. The perpetrator has been robbing individuals in the apartment complex. In the 3 month period prior to the shooting death, there were numerous robberies.
Here, the landlord may be held liable if there is sufficient evidence that the landlord could have or should have foreseen the shooting. Evidence of prior knowledge of the robberies vis-Ă -vis complaints, police reports, etc., will be helpful in proving the case. Ultimately, the landlord may be liable for failing to implement security measures like installing cameras, hiring security guards or warning tenants.
Most large apartment complexes in Philadelphia have commercial insurance policies which cover acts of negligence by employees of the apartment complex. If there is evidence that the landlord is negligent, then the insurance policy would apply. This means that the victim’s family may be able to obtain financial compensation for the death of their loved one.
It’s important to note that other parties are often liable for shooting deaths, such as bars, restaurants, malls, etc. Any public establishment can be held liable for a shooting death. Again, the key is proving negligence and foreseeability.
A young child is playing at her friend’s home next door. The friend’s father accidentally leaves a loaded gun within reach. The young child is killed when her friend picks up her father’s gun and fires it.
Here, the father would be liable because he left a loaded gun within reach of young children. The act in and of itself is negligent. It is certainly foreseeable that a child who handles a loaded weapon could seriously injure or kill another person. The family of the young child would have a wrongful death action against the next door neighbor (father).
If the neighbor’s home is covered under a homeowners’ insurance policy or a renters’ insurance policy, the family of the deceased child may be able to obtain financial recovery under the policy. Residential insurance policies would apply to situations where an accidental shooting occurred on the property.
Under the laws of PA and NJ, individuals injured in accidental or intentional shootings may make claims for pain and suffering, medical bills and lost wages. In the event of death, surviving family members often have legal rights to compensation for financial losses caused by the death of their loved ones.
Our victim injury lawyers focus on sexual abuse, homicide and other crime injury cases and always seek to obtain the best results for clients. Call for a free consultation. (800) 220-7600
More from the Negligent Security Law Library:
Shooting victims often require strong legal representation due to concurrent criminal proceedings. Our team includes multiple former criminal prosecutors. We understand these cases, and we understand your needs.
Brian Kent, Esq.
In some cases, a third party, such as a property owner or event organizer, can be held liable for injuries or death resulting from a shooting if they failed to provide adequate security measures or were otherwise negligent in protecting those on their premises. Establishing liability in these cases typically involves demonstrating that the third party knew or should have known about potential risks and failed to take reasonable precautions to protect individuals from harm.
Shooting incidents that may involve third-party negligence can occur in various settings, such as:
Victims of shooting incidents involving third-party negligence may be eligible to recover various types of damages, including:
The experienced attorneys at Laffey, Bucci & Kent have extensive knowledge of the legal issues surrounding shooting injury and death cases involving third-party negligence. Our team can help you:
With a national presence and a team of dedicated attorneys, Laffey, Bucci & Kent is prepared to advocate for your rights and help you achieve the best possible outcome in your shooting injury or death case.
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