The 2nd Amendment Thread

[SunnySide]

Originally Posted by BaltimoreSkins

I heard the family is suing Chase Bank hopefully they sue the douche bag too

Douche bag doesnt have money unless he owns a 1M plus house with a 1M insurance umbrella.

Banks, stores, bars have commercial insurance policies but usually are not liable for damages caused by 3rd parties, especially criminal acts by 3rd parties ... unless you can show (1) the bank owner knew or should have known that a robbery was foreseeable (2) bc of a pattern and practice of robberies on their property, and (3) owner had time but failed to avail themselves to remedies like more security, better lighting, cameras etc and (4) a reasonable owner would have done something.


(seems like lots of concealed carry or open carry gone wrong last month or so. road rage ends up with legal gun carries pulling out their guns .. this ATM story is a bit different)

[BaltimoreSkins]

Originally Posted by SunnySide

Douche bag doesnt have money unless he owns a 1M plus house with a 1M insurance umbrella.

Banks, stores, bars have commercial insurance policies but usually are not liable for damages caused by 3rd parties, especially criminal acts by 3rd parties ... unless you can show (1) the bank owner knew or should have known that a robbery was foreseeable (2) bc of a pattern and practice of robberies on their property, and (3) owner had time but failed to avail themselves to remedies like more security, better lighting, cameras etc and (4) a reasonable owner would have done something.


(seems like lots of concealed carry or open carry gone wrong last month or so. road rage ends up with legal gun carries pulling out their guns .. this ATM story is a bit different)

So is it standard practice to sue businesses in this instance? I confess ignorance on this topic.

[SunnySide]

Originally Posted by BaltimoreSkins

So is it standard practice to sue businesses in this instance? I confess ignorance on this topic.

Standard practice to try and find the biggest pocket possible. Most of us private citizens are judgment proof, you could get a 1M judgment against me but would have to wait for me to win the lottery to collect.

You have to try and attach liability to one of the commercial parties and you (1) build up the "pattern and practice of robberies" narrative; then (2) sue the bank, property owner, security company, city, state, county, police department ...

A bank, property owner usually have an indemnification agreement so they are repped by the same firm. Here they will probably sue over 20 named defendants but only deal with maybe 2 defense attorneys.

Typically the law does not like making someone responsible for the actions of a third party, especially criminal acts, and this proving of a pattern and practice of violent crime rising to the level the bank or property owner are liable is very high and hard.

But, I imagine there is some type of crime near any given block of an urban city to try and argue "pattern and practice" but good luck, its hard.